Stewart v. Cain et al

Filing 30

RULING Adopting 29 Report and Recommendations of the U.S. Magistrate Judge,, 14 Motion to Dismiss filed by Unknown Cashio, Unknown Conrad, Unknown Barr, Burl Cain, Unknown Larent, Unknown Foster, Unknown Griffin is GRANTED IN PART, dismissing the plaintiff's claims that: (1) defendants Capt. Barr andCapt. Conrad denied him medical treatment; (2) defendant Lt, Col. Foster verbally abused him; (3) and defendant Warden Cain failed to properly supervise, train and discipline his employees a nd denied the plaintiff's Administrative Remedy Procedure, In all other respects the defendants' motion to dismiss is DENIED, Further, the court declines to exercise supplemental jurisdiction over any state law claim, Further, the claims against Sgt. Eby are DISMISSED pursuant to Rule 4(m) for failure to serve the defendant. Signed by Judge James J. Brady on 08/06/2012. (KDC)

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