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15-090 - Caldera v. Diaz et al


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15-090 - Caldera v. Diaz et al
January 28, 2016
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Amendment claims, 16 Denies Motion to Dismiss filed by Orlando Diaz, 39 Report and Recommendations, 73, IT IS FINALLY ORDERED that this case is returned to the Magistrate Judge for further proceedings. Signed by Judge Kathleen Cardone. (mt) Modified on 1/28/2016 (bg2).ORDER ADOPTING REPORT AND RECOMMENDATIONS ORDERED that the Court DENIES Defendant Orlando Diaz and Defendant William Daviss motions to dismiss Calderas amended complaint under Rule 12(b)(6) (ECF No. 62, 61) with regard to Calderas Fourth Amendment and state-law assault claims.IT IS FURTHER ORDERED that the Court GRANTS Defendant Orlando Diaz and Defendant William Daviss motions to dismiss (ECF No. 62, 61) with regard to Calderas First Amendment claims and DISMISSES WITH PREJUDICE Calderas First