LaVergne v. Cain et al

Filing 99

RULING AND ORDER: The 98 for Leave to Amend 97 Traverse Response to Magistrates Report and Recommendations is GRANTED. The 96 Report and Recommendation of the U.S. Magistrate Judge is adopted as the Court's opinion. The 44 Motion to Dis miss is GRANTED IN PART AND DENIED IN PART dismissing all claims brought by Plaintiff against Defendants Trish Foster, Cindy Vannoy, Amber Vittiaro, and all claims against Defendant N. Burl Cain EXCEPT Plaintiffs 42 U.S.C. § 1983 claim brought against Defendant N. Burl Cain in his individual capacity for subjecting Plaintiff to a mail block. The 57 Motion to Dismiss is GRANTED IN PART and DENIED IN PART, dismissing all claims against Defendant Paul Smith and all claims against Defend ant Michael Vaughn EXCEPT Plaintiff's 42 U.S.C. § 1983 claim brought against Defendant Michael Vaughn in his individual capacity for subjecting Plaintiff to a mail block. The 82 Motion for Summary Judgment is DENIED. Plaintiffs 42 U. S.C. § 1983 claims against Defendants in their official capacity for monetary damages are DISMISSED. Plaintiffs 42 U.S.C. § 1983 claims against Cindy Vannoy, Trish Foster, Paul Smith, and Amber Vittirai are DISMISSED WITH PREJUDICE. Plaintiffs 42 U.S.C. § 1983 claims against Defendant N. Burl Cain and Michael Vaughn are DISMISSED except those claims arising from the imposition of a mail block. Signed by Chief Judge Brian A. Jackson on 9/30/2016. (LLH)