STEPHEN P. FRIOT, District Judge.
Plaintiff Frederick Rideout Gray, Jr, a state inmate appearing pro se whose pleadings are liberally construed, filed an amended complaint pursuant to 42 U.S.C. §1983 alleging violations of his constitutional rights at the Lawton Correctional Facility (LCF). Doc. no. 34. That is the current version of the complaint, and it is the version of the complaint that is challenged by the motion to dismiss addressed in this order.
The Report recommends the court grant the motion in part and deny it in part, and also recommends dismissal of certain claims upon screening. No objection has been filed to the Report, and no request for an extension of time within which to object has been filed.
Upon review, and with there being no objection, the court finds that it agrees with the rulings recommended in the detailed Report, and that no purpose would be served by further discussion here. Accordingly, the April 3, 2019 Report is
The motion to dismiss filed by GEO Group, Inc./LCF, and LCF employees Rios, Engle, Tunstal, Washington, Black, Sattler, Clark, Dawson, Brannon and Johnson is
(1). Deliberate indifference claims against Defendants Rios, Black and Dawson are
(2). Retaliation claims against Defendants Engle, Tunstal, Clark and Johnson are
Upon screening:
(1). Official capacity claims against Defendants Rios and Clark are
(2). The unsanitary shower and cell claim against Defendant Tunstal is
(3) Alleged fabrication of misconduct claims against Defendants Engle, Tunstal, Washington, Clark, Brannon and Johnson are
(4) Due process claims against Defendant Clark are
(5) Due process claims against Defendant Dawson are
The Court
As plaintiff has stated that he did not intend to sue GEO Group, Inc./LCF, that party's motion to dismiss is
These rulings terminate Defendants Rios, Black, Dawson, Engle, Tunstal, Clark, Johnson, Washington and Brannon from this action.
The court notes the Magistrate Judge's intention to file an Enter Order which clarifies for the docket that GEO Group, Inc./LCF is not a named defendant.
Defendant Sattler, and Plaintiff's claim against him for excessive force, remains for adjudication.
This action remains referred to the Magistrate Judge.