Manos et al v. Federal Bureau of Prisons et al

Filing 108

ORDER ADOPTING REPORT AND RECOMMENDATION (Written Opinion). Signed by Judge Patrick J. Schiltz on 2/6/2020. (CLG)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Tatyana Manos, Allison Marshall, and Ronnie
Robert Molina,

Civil No. 18-cv-0427 (PJS/HB)

Plaintiffs,
v.
Federal Bureau of Prisons; Eric Holder, former
Attorney General, in his individual and official
capacities; Loretta Lynch, former Attorney
General, in her individual and official
capacities; Sally Yates, former acting Attorney
General, in her individual and official
capacities; Jefferson Sessions, former Attorney
General, in his individual and official
capacities; Matthew Whitaker, acting Attorney
General, in his individual and official
capacities; Harley G. Lapin, former BOP
Director, in his official capacity; Charles E.
Samuels, Jr., former BOP Director, in his
official capacity; Thomas R. Kane, former
Interim BOP Director, in his official capacity;
Mark S. Inch, former BOP Director, in his
official capacity; Hugh J. Hurwitz, acting BOP
Director, in his official capacity; John Doe No.
1, former North Central Regional BOP
Director, in his official capacity; John Doe No.
2, former North Central Regional BOP
Director, in his official capacity; Jeffrey E.
Krueger, North Central Regional BOP
Director, in his official capacity; John Doe No.
3, former South Central Regional Director, in
his official capacity; John Doe No. 4, former
DSCC Director, in his official capacity;
Kethleen Kenney, BOP General Counsel, in
her official capacity; Scott Fisher, former BOP
Warden, in his individual and official
capacities; M. Travis Bragg, former BOP

ORDER ON REPORT
AND RECOMMENDATION

Warden, in his official capacity; Sandy Jett,
former BOP Warden, in his individual and
official capacities; John Doe No. 5, former
acting BOP Warden, in his individual and
official capacities; L. LaRiva, former BOP
Warden, in his official capacity; John Doe
No. 6, former acting BOP Warden, in his
individual and official capacities; David Paul,
former BOP Warden, in his individual and
official capacities; and John and Jane Does 7–
15,
Defendants.

The above-entitled matter came before the Court upon the Report and
Recommendation of the United States Magistrate Judge. No objections have been filed
to the Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all the
files, records and proceedings herein,
IT IS HEREBY ORDERED that:
1.

The Report and Recommendation is ADOPTED;

2.

Defendants’ Motion to Dismiss [Doc. No. 77] is GRANTED IN PART,
DENIED IN PART, and DENIED AS MOOT IN PART as follows:
a.

The motion is GRANTED as to Tatyana Manos’s and Allison
Marshall’s claims against Defendants in their official capacities, and
those should claims are DISMISSED WITH PREJUDICE;

b.

The motion is DENIED as to Ronnie Molina’s official capacity
claim challenging the 300-minute monthly telephone call restriction
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under the First, Fifth, and Eighth Amendments;
c.

The motion is GRANTED as to Ronnie Molina’s official capacity
claim that that he has been adversely affected by the BOP’s
administrative remedy process in violation of the APA and the Fifth
and Eighth Amendments, and that claim is DISMISSED
WITHOUT PREJUDICE;

d.

The motion should is GRANTED as to Ronnie Molina’s official
capacity claim that the lack of an FMC in the western region violates
the APA and the Eighth Amendment, and that claim is DISMISSED
WITH PREJUDICE;

e.

The motion is DENIED AS MOOT as to former Plaintiff Theodore
Manos because his claims have been dismissed without prejudice;
and

3.

All remaining claims against Defendants in their individual capacities are
DISMISSED WITHOUT PREJUDICE.

Dated: 2/6/20

s/Patrick J. Schiltz
PATRICK J. SCHILTZ
United States District Judge

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