Walton v. Hixson, et al

Filing 34

ORDER ADOPTING 31 FINDINGS AND RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 02/22/11 and ORDERING that dfts' 17 Motion to Dismiss is GRANTED IN PART and DENIED IN PART as follows: dfts' 17 Motion to Dismiss is GR ANTED insofar as the complaint can be read to allege that dft Hixson violated plf's rights by telling him to break up his prayers, by making it not possible for plf to engage in morning prayer on one occasion, by mishandling his grievance, by op ening his legal mail, by subjecting him to verbal harassment, and by preparing false rules violation reports and to the extent that plf alleges that the RVRS of 08/04/08 and 11/27/08 were retaliatory; but the Motion is DENIED to the extent the complaint can be read to allege that dft Hixson violated plf's First Amendment rights by undertaking a series of retaliatory acts, except as noted in paragraph one; and that dfts Hixson and Hilsky violated his Eighth Amendment rights. (Benson, A.)