Hawthorne v. Cain et al

Filing 46

RULING Adopting 41 Report and Recommendations of the U.S. Magistrate Judge and 24 Defts Motion to Dismiss is granted in part, dismissing pltfs claims asserted against deft Burl Cain, with prejudice, and dismissing all of pltfs claims asserted aga inst deft Troy Poret, except pltfs claim asserted against the deft, in defts individual capacity, resulting from the pltfs alleged exposure to unconstitutional conditions of confinement between 11/24/2009 and 1/19/2010, in the form of an unsanitary leaking toilet. This action is referred back to United States MJ Docia L. Dalby for further proceedings. Signed by Judge Brian A. Jackson on 7/20/2011. (JDL)

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