Filed: Sep. 15, 2015
Latest Update: Sep. 15, 2015
Summary: ORDER LACEY A. COLLIER , Senior District Judge . This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated August 10, 2015 (doc. 61). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, I have determined that the Report and Recom
Summary: ORDER LACEY A. COLLIER , Senior District Judge . This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated August 10, 2015 (doc. 61). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, I have determined that the Report and Recomm..
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ORDER
LACEY A. COLLIER, Senior District Judge.
This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated August 10, 2015 (doc. 61). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed.
Having considered the Report and Recommendation, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The chief magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. Defendants' motion to dismiss (doc. 56) is GRANTED as to Plaintiff's Eighth Amendment claim against Defendants Godfrey and Rogers regarding use of a Special Management Spit Shield on June 18, 2012, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and Defendant Godfrey is DISMISSED from this action;
3. Defendants' motion to dismiss (doc. 56) is GRANTED as to Plaintiff's requests for injunctive and declaratory relief;
4. Defendants' motion to dismiss (doc. 56) is otherwise DENIED.
DONE AND ORDERED.
