Taylor v. Dormire et al
ORDER granting in part and denying in part 33 motion to dismiss case; adopting Report and Recommendations re 36 Report and Recommendations.; granting in part and denying in part 12 motion to dismiss case; granting 23 motion to dismiss failure-to-protect claims. Signed by District Judge Scott O. Wright on 11-24-2008. (Morse, Judy)
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION
ARTHUR TAYLOR, Register No. 1041889, Plaintiff, v. DAVE DORMIRE, et al., Defendants.
) ) ) ) ) ) ) ) )
ORDER On October 20, 2008, United States Magistrate Judge William A. Knox recommended that the motions of defendants Dormire, Wood, Cassidy, Corser, Campbell, Beckemeyer, Cahalin, Friesen, and Hovis to dismiss be granted, in part, and denied, in part. Judge Knox further recommended that defendant Ruppel's motion to dismiss plaintiff's failure-to-protect claims against him be granted. The parties were advised they could file written exceptions to the recommendation, pursuant to 28 U.S.C. § 636(b)(1)(C). No exceptions have been filed. A review of the record convinces the court that the recommendation of the Magistrate Judge is correct and should be adopted. IT IS, THEREFORE, ORDERED that the Report and Recommendation of October 20, 2008, is adopted.  It is further ORDERED that the motions of defendants Dormire, Wood, Cassidy, Corser, Campbell, Beckemeyer, Cahalin, Friesen, and Hovis to dismiss is granted, in part, and denied, in part, as follows: granted as to plaintiff's damage claims against defendants in their official capacities and denied on defendants' remaining bases for dismissal. [12, 33] It is further
ORDERED that defendant Ruppel's motion to dismiss plaintiff's failure-to-protect claims against him is granted, and these claims are dismissed for failure to state a claim on which relief can be granted under 42 U.S.C. § 1983.
/s/Scott O. Wright SCOTT O. WRIGHT Senior United States District Judge Dated: November 24, 2008
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?