McCall v. Poret et al
Filing 46
RULING AND ORDER Adopting 32 Report and Recommendation of the U.S. Magistrate Judge: The 8 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Plaintiffs 42 U.S.C. § 1983 claim for deliberate medical indifference is DISMISSED against all Defendants. Plaintiffs 42 U.S.C. § 1983 claims against Defendant Asst. Warden Troy Poret in his official capacity are DISMISSED WITH PREJUDICE. plaintiffs 42 U.S.C. § 1983 claims against Defendant David Ankenbrand are DISMISSED WITH PRE JUDICE. Pursuant to Rule 4(m), Plaintiffs 42 U.S.C. § 1983 claims against Defendant Sgt. Morris Smith are DISMISSED WITHOUT PREJUDICE for failure to serve. The Court declines to exercise supplemental jurisdiction in connection with any potential remaining state law claims. Signed by Chief Judge Brian A. Jackson on 2/29/2016. (BCL)
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