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07-307 - CLENTSCALE v. BEARD et al


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07-307 - CLENTSCALE v. BEARD et al
July 10, 2008
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REPORT AND RECOMMENDATION that 6 MOTION to Dismiss filed by the DOC Defendants, be granted in part and denied in part. It should be granted as to Plaintiff's procedural due process claim but denied as to Plaintiff's Eighth Amendment claim. It is further recommended that Dr. Naji's motion to dismiss 13 be denied. However, to the extent that Plaintiff's complaint seeks to make a procedural due process claim against Dr. Naji, any such procedural due process claim against Dr. Naji should be dismissed pursuant to the screening provisions of the PLRA for failure to state a claim upon which relief can be granted. Objections to R&R due by 7/28/2008. Signed by Magistrate Judge Amy Reynolds Hay on 7/10/2008. (dgg)
August 13, 2008
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ORDER granting in part and denying in part 6 Motion to Dismiss; it is granted as to Plaintiff's procedural due process claim but denied as to Plaintiff's Eighth Amendment claim; denying 13 Motion to Dismiss. However, to the extent that Plaintiff's complaint seeks to make a procedural due process claim against Dr. Naji, any such procedural due process claim against Dr. Naji are dismissed pursuant to the screening provisions of the PLRA for failure to state a claim upon which relief can be granted. 20 Report and Recommendation of Magistrate Judge Hay is adopted as the opinion of this Court, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 8/13/2008. (dlg)