Walton v. Hixson, et al

Filing 31

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 01/19/11 ORDERING that defendants' motion to strike 26 is granted and docket number 25 is stricken from the record. Also, RECOMMENDING defendants' motion to dismiss 17 is granted insofar as the complaint can be read to allege that defendant Hixson violated plaintiff's rights by telling him to break up his prayers, by making it not possible for plaintiff to engage in morning prayer on 1 o ccasion, by mishandling his grievance, by opening his legal mail, by subjecting him to verbal harassment, and by preparing false rules violation reports and to the extent that plaintiff alleges that the RVRS of August 4 and November 27, 2008 were ret aliatory; but the motion is denied to the extent the complaint can be read to allege that defendant Hixson violated his First Amendment rights by undertaking a series of retaliatory acts except as noted in paragraph one; and that defendants Hixson and Hilsky violated his 8th amendment rights. Motion to Dismiss 17 referred to Judge Garland E. Burrell. Objections due within 21 days. (Plummer, M)