Boyle v. Lay et al
ORDER ADOPTING 3 Partial Report and Recommendations and dismissing plaintiff's 14th Amendment claims without prejudice. Plaintiff may proceed with his Eighth Amendment claims against defts. The Clerk is directed to prepare a summons for deft s Lay, Robertson, Earl and Fitzpatrick, and the U.S. Marshal is directed to serve the summons, complaint and this order on them without prepayment of fees therefor. The Court certifies that an ifp appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody on 2/18/11. (bkp)
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