Birklett v. Cain et al

Filing 36

OPINION regarding 34 Report and Recommendations of the U.S. Magistrate Judge...IT IS ORDERED that 11 and 25 Motion to Dismiss is granted, only to the extent that it seeks dismissal of the pltfs claim for monetary damages asserted against the defts in their official capacities. This action shall be referred back to the Magistrate Judge for further proceedings. Signed by Judge Frank J. Polozola on 11/17/2011. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
MICHAEL BIRKLETT (#401459)
CIVIL ACTION
VERSUS
NO. 10-0838-FJP-DLD
WARDEN N. BURL CAIN, ET AL.
O P I N I O N
After independently reviewing the entire record in this case
and for reasons set forth in the Magistrate Judge's Report1 to
which

no objection was filed:
IT IS ORDERED that the defendants' Motion to Dismiss2 is granted,

only to the extent that it seeks dismissal of the plaintiff’s claim for
monetary damages asserted against the defendants in their official
capacities.
This action shall be referred back to the Magistrate Judge for
further proceedings.

Baton Rouge, Louisiana, November 17, 2011.

S
FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

1

Rec. Doc. No. 34.

2

Rec. Doc. Nos. 11 & 25.

Doc#47607