Surgenor v. Moore et al
REPORT AND RECOMMENDATION that 1. defendants' 51 MOTION TO DISMISS be Granted for failure to exhaust administrative remedies as to plaintiff's 8th amendment claim against defendants Ley, Holley and Berry and plaintiff's 1st amendm ent retaliation claim against defendant Cherryholmes. These claims should be Dismissed without prejudice. 2. defendants' 51 MOTION TO DISMISS the complaint be Granted for failure to state a claim for relief as to plaintiff's 1st amendm ent retaliation claim against defendant Bell. The claim against defendant Bell should be Dismissed. 3. defendant's 51 MOTION TO DISMISS be Denied as to plaintiff's 1st amendment retaliation claims against defendants Berry and Saylor. Objections to R&R due by 2/22/2019. Signed by Magistrate Judge Karen L. Litkovitz on 2/8/2019. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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