OLIVER et al v. DEPARTMENT OF HUMAN SERVICES, SPECIAL TREATMENT UNIT et al

Filing 30

ORDER denying pltf's application for recusal; granting #13 Motion to Dismiss ; granting #19 Motion to Dismiss; dismissing deft. Department of Human Services with prejudice; individual defts. are dismissed without prejudice; directing pltf. to file an amended complt. within 30 days. Signed by Judge Jose L. Linares on 7/11/2012. (nr, )

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY LORENZO OLIVER Plaintiff, v. Civil Action No. 09-5336 DEPARTMENT OF HUMAN SERVICES et al., ORDER Defendants. This matter comes before the Court by way of two motions to dismiss Plaintiff Lorenzo Oliver’s Amended Complaint (“Plaintiff” or “Oliver”) pursuant to Federal Rule of Civil Procedure 12(b)(6). The first motion to dismiss is by Defendants Department of Human Services, Special Treatment Unit, Merril Main and Jennifer Velez. (CM/ECF No. 13). The second is by Defendant George Hayman. (CM/ECF No. 19). In addition, Plaintiff subsequently filed an informal letter application seeking the Court’s recusal on. (CM!ECF No. 26). For the reasons set forth in the Court’s corresponding Opinion, IT IS on this J fkThay of July, 2012, ORDERED that Plaintiff’s application for recusal is DENIED; and it is further ORDERED that both motions to dismiss are hereby GRANTED ORDERED that Defendant Department of Human Services is dismissed with prejudice; and it is further ORDERED that the individual defendants are dismissed without prejudice. Plaintiff may amend his Complaint within 30 days. SO ORDERED. Jo e Linares ted States District Judge

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