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16-1343 - Williams v. Hesse et al


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16-1343 - Williams v. Hesse et al
February 2, 2018
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 18) be GRANTED in part and DENIED in part. RECOMMENDED that (1) Defendants' motion to dismiss Plaintiff's First Amendment retaliation claims be denied; (2) Defendants' motion to dismiss Plaintiff's Eighth Amendment excessive force claim be granted; (3) Defendants' motion to dismiss on qualified immunity grounds be denied; and (4) Defendants' motion to dismiss Plaintiff's claims for declaratory relief be granted. Objections to R&R due by 2/20/2018 Case Review Deadline 2/23/2018. Signed by Magistrate Judge Therese Wiley Dancks on 2/2/18. {r&r served via regular mail on plaintiff}(nas, )
March 14, 2018
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DECISION AND ORDER accepting and adopting #25 Magistrate Judge Dancks' Report and Recommendation in its entirety. Defendants' #18 motion to dismiss is granted in part and denied in part such that Plaintiff's Eighth Amendment excessive force claim and his claim for declaratory relief are DISMISSED with prejudice, but that his First Amendment retaliation claims SURVIVE Defendants' motion to dismiss. Defendants are directed to file an answer to the Plaintiff's Complaint within 14 days of the date of this Decision and Order pursuant to Fed.R.Civ.P. Rule 12(a)(4)(a), and this case is referred back to Magistrate Judge Dancks for the setting of pretrial deadlines. Signed by Chief Judge Glenn T. Suddaby on 3/14/18. (lmw) (Copy served upon pro se plaintiff via regular mail)