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17-2499 - Banks v. Rosado et al


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17-2499 - Banks v. Rosado et al
April 24, 2018
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Memorandum of Opinion and Order For the reasons set forth herein, Defendants CO Rosado, Ms. Slattery, Ms. Scott, CO Giles, and CEO Damon Hininger's Motion to Dismiss the Complaint (ECF No. 3) is granted with respect to Plaintiff's federal constitutional claims; Plaintiff Frederick Banks' Motion for Sanctions (ECF No. 7) is denied; and Plaintiff's remaining state-law negligence claims are remanded to state court. The Court further certifies, pursuant to 28 U.S.C. ยง1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Benita Y. Pearson on 4/24/2018. (JLG)