Baptiste v. Boutte et al
Filing 26
OPINION Adopting of the U.S. Magistrate Judge. The motion to dismiss of pursuant to Rule 12(b) filed on behalf of Assistant Warden Fredrick Boutte and Col. Reginald Brock shall be granted in part, dismissing the plaintiff's ADA claims against Bo utte and Brock in their individual capacities,and in all other respects, the motion to dismiss shall be DENIED. The claims against Sgt. Dillion shall be DISMISSED for failure to prosecute pursuant to Rule 4(m), Fed. R. Civ. P. and this matter shall be referred back to the Magistrate Judge for further proceedings. Signed by Judge Frank J. Polozola on 1/13/11. (PJH)
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