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15-60984 - Robinson v. Afzal et al


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15-60984 - Robinson v. Afzal et al
February 8, 2016
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ed with prejudice as moot;6.The plaintiffs supplemental amended complaint and 16 motion for preliminary injunction should be dismissed without prejudice as they are not related to the events presented in the initial complaint.. Objections to R&R due by 2/25/2016 Signed by Magistrate Judge Patrick A. White on 2/8/2016. (tw) Modified text on 2/25/2016 (mr1).REPORT AND RECOMMENDATIONS on 42 USC 1983 case re 1 Complaint 42 USC 1983 or Bivens, filed by Sinclair Robinson Recommending 1.The claims against defendant Afzal should be dismissed with prejudice as barred by the statute of limitations; 2.The claims against defendant Martell should be dismissed with prejudice as barred by the statute of limitations; 3.The claims against defendant Lawson should be dismissed with prejudice for failure to state a claim upon which relief can be granted; 4.The claim for monetary damages against the defendant Department of Corrections should be dismissed with prejudice as barred by sovereign immunity;5.Any claim for injunctive relief against the Department raised in the initial complaint should be dismiss
March 11, 2016
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ORDER adopting in part 21 Report and Recommendations; dismissing 1 Complaint; dismissing 15 Supplemental Amended Complaint; denying 16 Motion for Preliminary Injunction; denying 22 Motion to Concede to the Magistrate's Report and Recommendation with Dissenting Special Opinion; granting leave to amend Complaint in part. Signed by Judge Darrin P. Gayles on 3/11/2016. (zvr)