Mitchell v. Vannoy et al
Filing 40
RULING Adopting 34 Report and Recommendation of the U.S. Magistrate Judge; granting in part 15 Motion to Dismiss, the plaintiff's claims for monetary damages, asserted against the defendants in their official capacities, are DISMISSED. Further, plaintiff's equal protection and due process claims are DISMISSED, with prejudice, for failure to state a claim upon which relief may be granted, and supplemental jurisdiction over the plaintiff's state law claims are declined. Further, in all other regards, the defendants motion is DENIED and this matter is referred back to the magistrate judge for further proceedings regarding the plaintiff's Eight Amendment claims asserted against defendants Vannoy, Cain, Vittorio, and LeBlanc.. Signed by Judge James J. Brady on 10/17/2017. (SWE)
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