Durbin v. Cain et al

Filing 45

RULING adopting the 41 Report and Recommendation of the U.S. Magistrate Judge as the Court's opinion herein. Plaintiff's 25 Motion for Summary Judgment as supplemented is denied. Defendant's 28 Motion for Partial Summar y Judgment is granted in part, dismissing the claims against Warden Jerry Goodwin. In all other respects the 28 Motion for Partial Summary Judgment is denied and matter is referred back to the Magistrate Judge for further proceedings on the Plaintiff's retaliation claim against Warden Burl Cain. Signed by District Judge Shelly D. Dick on 11/15/2013. (LLH)

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