Filed: Nov. 18, 2015
Latest Update: Nov. 18, 2015
Summary: ORDER GARY L. SHARPE , District Judge . The above-captioned matter comes to this court following a Report and Recommendation by Magistrate Judge Therese Wiley Dancks, duly filed on October 20, 2015. (Dkt. No. 53.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Report and Recommendation for clear error, it is hereby ORDERED that
Summary: ORDER GARY L. SHARPE , District Judge . The above-captioned matter comes to this court following a Report and Recommendation by Magistrate Judge Therese Wiley Dancks, duly filed on October 20, 2015. (Dkt. No. 53.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Report and Recommendation for clear error, it is hereby ORDERED that t..
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ORDER
GARY L. SHARPE, District Judge.
The above-captioned matter comes to this court following a Report and Recommendation by Magistrate Judge Therese Wiley Dancks, duly filed on October 20, 2015. (Dkt. No. 53.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Report and Recommendation for clear error, it is hereby
ORDERED that the Report and Recommendation (Dkt. No. 53) is ADOPTED in its entirety; and it is further
ORDERED that Defendants' motion to dismiss (Dkt. No. 43) for failure to state a claim is GRANTED with leave to amend as to Defendant CO McConnell and Defendant Superintendent Graham in his personal capacity; and it is further
ORDERED that Defendants' motion to dismiss (Dkt. No. 43) for failure to state a claim is GRANTED without leave to amend as to Defendant Superintendent Graham in his official capacity; and it is further
ORDERED that Defendants' motion to dismiss (Dkt. No. 43) for failure to state a claim is DENIED as to Defendant CO Peters and Defendant CO Gifford; and it is further
ORDERED that the clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.
IT IS SO ORDERED.
