HOLMES v. DALRYMPLE et al

Filing 67

ORDER adopting 63 Report and Recommendations. Therefore, granting in part and denying in part 47 Motion to Dismiss. Plaintiff's official capacity claims for money damages against Defendants are dismissed, but Defendants' motion to d ismiss Plaintiff's amended complaint in its entirety is denied. This case shall proceed on the other claims. Once defendants' answer is filed, the Clerk shall issue a scheduling notice setting deadlines. Signed by Judge Dudley H. Bowen on 10/23/13. (cmr)

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DISTRICT
COURT?0,3
IN TI{E TINITED
STATES
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FOR THE SOUTHERN
DISTRICTOF GEORQ$X6 -'

s0.
DUBLIN DIVISION
MORRISSCOTTHOLMES,
Plaintiff,

cv 312-099
BARBARA DALRYMPLE,Doctor,
State
Prison, al.,
Johnson
et
Defendants.

ORDER
After a careful,de novo reviewof the file, the Courtconcurs
with the Magistrate
ReportandRecommendation, which objections
to
havebeenfiled (doc.nos.65,
Judge's
66).

Accordingly, the Report and Recommendation the MagistrateJudge is
of

Defendants'
ADOPTED as the opinion of the Court. Therefore,
motion to dismissis
GRANTED IN PART and DENIED IN PART. (Doc. no. 47.) Plaintiffs official
capacity claims for money damagesagainst Defendantsare DISMISSED, but
motionto dismiss
PlaintifPsamended
complaint its entiretyis DENIED.
Defendants'
in
The caseshall thus proceed Plaintiffs remainingclaimsagainst
on
Defendants their
in
individualcapacities stated the ReportandRecommendation.
as
in
Moreover, stayof
the
discovery in this case is lifted, aad pursuantto Federal Rule of Civil Procedure
Defendants
to
12(a)(4)(A),
shall file an answer Plaintiffs amended
complaintwithin 14

answer, Clerk shall
the
daysof the dateof this Order. Upon the filing of Defendants'
ines
the
issue Scheduling
Noticesetting deadl in thiscase.
a
SO ORDERED thi"4Kyof

ceorgia.
Ocrober,2013,arAugusta,