Lipscomb v. The Bureau of Prisons General Counsel et al
Filing 48
OPINION & ORDER: For the foregoing reasons, Defendants' motion to dismiss is GRANTED, and Plaintiffs Amended Complaint is DISMISSED in accordance with this Opinion. Plaintiffs damages claims against Defendants in their official capacities are barred by sovereign immunity and DISMISSED with prejudice. Plaintiffs claims for injunctive relief against the Federal Bureau of Prisons, Howard Hufford, Monica Recktenwald, Andrew Dachisen, Darren Compton, and Phillip Diamond are moot due to Plain tiff's transfer from FCI Otisville, where his injury occurred, to FCI Berlin. Lacking any plausible allegations that he may be subjected to the conditions at FCI Otisville in the immediate future, his claims for injunctive relief are DISMISS ED without prejudice. Plaintiff's damages claims against Defendants in their individual capacities must be DISMISSED without prejudice because Plaintiff failed to exhaust his administrative remedies as required by the Prisoner Litigation Refor m Act, 42 U.S.C. § l 997e, or to plausibly allege the administrative remedies were unavailable- rather, he simply chose not to engage in the grievance process. Since the Court has granted Plaintiff leave to amend his complaint, such an amende d complaint must be filed on or before August 28, 2017 and not reassert causes of action that were dismissed with prejudice, i.e. the damages claims against the Defendants in their official capacities. Defendants are to respond to any amended compl aint, if one is filed, on or before September 29, 2017. The Clerk of the Court is directed to terminate the motion at ECF No. 38, and as further set forth in this order. (Amended Pleadings due by 8/28/2017.) (Signed by Judge Nelson Stephen Roman on 7/28/2017) Copies Mailed By Chambers. (ap)
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