Smith v. Nichols

Filing 34

ORDER to Dismiss In Part and to Draw In Part. Defendants Lawson, Hilyer, Smith, Vorwald, Negley, and T.W.Scott will be dismissed from the action because the claims asserted against them are legally frivolous. Defendants Oaks, Galino, Walraven, Mrs. Scott, Middelton, Fitzgerald, Graham, Wilson, Dowis, Owens, McHahill, Harms, Barhill, Milyard, Chapelaine, and Sterling Correctional Facility Medical Department are dismissed from the action as improper parties because Mr. Smith fails to assert any personal participation by the parties in the alleged constitutional violations. Defendants Moon, R. Fleharty, Michaels, Carney, Blake, Blecher, and Russia are dismissed pursuant to Mr. Smith's Notice of Voluntary Dismissal filed on 09/08/2009. The claims asserted against Defendant Nichols shall be drawn to a district judge and to a magistrate judge. By Judge Zita L. Weinshienk on 09/23/2009. (sah, )

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