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08-002 - Breckenridge v. Williams et al


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08-002 - Breckenridge v. Williams et al
October 6, 2008
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Memorandum Opinion and Order: Plaintiff's constitutional claims for deliberate indifference to his health and safety and failure to protect as asserted against Cary J. Cook ARE DISMISSED WITH PREJUDICE AS FRIVOLOUS. Pla's claims asserted against the named Defendants in their official capacities ARE DISMISSED WITH PREJUDICE AS FRIVOLOUS. Defendants Janay B. Williams, Jimmy L. Smith,. Kevin P. Pinney, and Charles S. Hendrix shall answer or otherwise plead to Pla's claims that he was subjected to cruel and unusual punishment in the form of deliberate indifference to his health and safety and failure to protect him from a substantial risk of serious harm. Defendants Williams, Smith, Pinney, and Hendrix shall file written answer or other responsive pleadings to Pla's claim as provided above with 60 days from date of receipt of this order. Pla's motion for preliminary injunction filed 3/27/2008 12 is DENIED. Sossamon's motion for intervention filed 5/15/2008 16 is DENIED. Pla's Motion for Federal Hearing Regarding State Exhaustion filed 6/3/2008 18 is DENIED. No further motions or pleadings may be filed by Pla until after the remaining Defendants have answered and the court has entered its scheduling order. All discovery is stayed until further order. Any other pending motions are DENIED. (Signed by Magistrate Judge Philip R Lane on 10/6/2008) (njs)