Ware v. Arnold et al
ORDER ADOPTING 10 PARTIAL REPORT AND RECOMMENDATIONS of Magistrate Judge Jerome T. Kearney, with one clarification about the unanswered-grievances allegations. Ware's allegations against the defendants concerning inadequate food service, too few showers while under lock down & verbal comments by a guard after an inmate hit Ware in the face are dismissed as all fail to state a claim for relief. The Court concludes that the unanswered-grievance allegations should not be dismissed because they serve a legal purpose in this case as it goes forward on the remaining allegations. Ware may proceed against the defendants on the merits of his allegations concerning an improper lock down, conviction of a disciplinary without notice & a hearing, & the improper or unlawful use of a restraint chair. Signed by Judge D. P. Marshall Jr. on 7/19/2010. (jct)
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