Turner v. Cain et al

Filing 28

RULING Adopting 24 Report and Recommendations of the U.S. Magistrate Judge. The Motion to Dismiss Pursuant to FRCP Rule 12(b)(6) and 12(b)(1) is GRANTED IN PART, dismissing the plaintiff's claims against defendants Dy. Warden Darrel Vannoy and Asst Warden Leslie Dupont, dismissing the plaintiff's official capacity claims, and dismissing the plaintiff's compensatory damages claim pursuant to 42 U.S.C. § 1997e(e). In all other respects the defendants' Motion to Dismiss P ursuant to FRCP rule 12(b)(6) and 12(b)(1) is DENIED and this matteris referred back to the magistrate judge for further proceedings on the plaintiff's retaliation claim against Warden Burl Cain. Signed by Judge James J. Brady on 5/15/2013. (SMG)

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