Gipson v. Keith et al

Filing 45

JUDGMENT ADOPTING; denying 23 Motion for Summary Judgment; granting in part and denying in part 29 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 33 Report and Recommendations. IT IS ORDERED that Gips on's complaint against Warden Keith is dismissed without prejudice under Fed.R.Civ.P. 4(m). FURTHER ORDERED that LeBlanc's motion to dismiss 29 is GRANTED IN PART and that Gipson's action against LeBlanc in his individual capacity an d for monetary damages are DENIED AND DISMISSED WITH PREJUDICE. LeBlanc's Motion to Dismiss 29 is DENIED IN PART as to Gipson's action against LeBlanc in his official capacity for PROSPECTIVE DECLARATORY AND INJUNCTIVE RELIEF. FURTHER ORDERED that Gipson's action agsinst Medical Director Marr and CCA President Garner are DENIED AND DISMISSED WITH PREJUDICE. Signed by Judge James T Trimble, Jr on 9/30/2015. (crt,Bunting, M)

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