Carlsson v. McBrien

Filing 35

ORDER signed by Judge Frank C. Damrell, Jr on 2/10/11 ORDERING 24 Findings and Recommendations are adopted in full; 19 Motion to Dismiss is granted in part and denied in part; Plaintiff's 1983 claims against defendant in his official capacit y and for declaratory relief are dismissed with prejudice; Plaintiff's claims against defendant in his individual capacity under 42 U.S.C. 1983 and 1988 are dismissed w/out prejudice, with leave to amend; The motion to dismiss as to the state law claim is denied; and Plaintiff has thirty days from the entry of this order in which to file an amended complaint.(Matson, R)

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