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16-1514 - MAYO v. FINLEY et al


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16-1514 - MAYO v. FINLEY et al
March 24, 2017
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REPORT AND RECOMMENDATION recommending that 22 Defendants' Partial Motion to Dismiss be granted in part and denied in part. It should be denied with respect to Plaintiff's state tort claim of assault and battery against Defendant Finley. In all other respects, the Motion should be granted. Objections to R&R due by 4/7/2017. Objections to R&R for Unregistered ECF Users due by 4/10/2017. Signed by Magistrate Judge Lisa Pupo Lenihan on March 24, 2017. (kcc)
July 10, 2017
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ORDER adopting (Doc. 27) Report and Recommendation. For the reasons stated in the Memorandum Order filed herewith, the Partial Motion to Dismiss by Defendants Correctional Officer Finley, Lieutenant Lewis, Lieutenant Grego, and Superintendent Gilmore (Doc. 22) is GRANTED IN PART AND DENIED IN PART. It is DENIED with respect to Plaintiff's state tort claim of assault and battery against Defendant Finley. It is GRANTED as it relates to: Plaintiff's Eighth Amendment conditions of confinement claim against Lieutenants Grego and Lewis; Plaintiff's Eighth Amendment deliberate indifference claim against Defendant Gilmore; Plaintiff's claims against Defendant Gilmore in his official capacity; Plaintiff's Due Process claims against Defendants Finley and Gilmore.The Magistrate Judge's Report and Recommendation dated March 24, 2017, hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 7/10/17. (jwr)