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16-009 - Fernandez v. Captain Wakefield et al


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16-009 - Fernandez v. Captain Wakefield et al
August 24, 2016
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ORDER granting 33 Motion for Misjoinder; granting 28 Motion to Dismiss Plaintiffs Motion for Misjoinder (Docket Entry No. 33) is GRANTED. Defendants Motion to Dismiss (Docket Entry No. 28) is GRANTED. The claims against all defendants in their official capacities are DISMISSED without prejudice pursuant to Eleventh Amendment sovereign immunity. Plaintiffs First Amendment claims are DISMISSED for failure to state a claim for which relief may be granted. The claims against Defendants Adeyemi, Njoroge, and Wakefield in their individual capacities are DISMISSED with prejudice for failure to state a claim for which relief may be granted. The Eighth Amendment claim against Defendant Thomas in her individual capacity remains for adjudication.(Signed by Judge Melinda Harmon) Parties notified.(jdav, 4)
January 25, 2018
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MEMORANDUM AND ORDER granting 48 Motion to Dismiss. All other motions, if any, are DENIED. The Clerk of Court will send a copy of this order to all parties of record.(Signed by Judge Melinda Harmon) Parties notified.(rhawkins)