Hargrove V. Holley,et al.

Filing 10

ORDER AND REPORT AND RECOMMENDATIONS: IT IS RECOMMENDED THAT the amended complaint re 7 be DISMISSED with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915(B)(1), with the exception of plaintiff's Eighth Amendment individua l capacity claim for failure to protect against defendants Holley and Hubbert and his Eighth Amendment individual capacity claim for deliberate indifference to his serious medical needs against defendant Heyd. It is further recommended that plaintif f's motions to amend his complaint a second time and for preliminary injuction re 8 be DENIED. IT IS ORDERED THAT: (1)The United States Marshal shall serve a copy of the amended complaint, summons, the separate order issued granting the plain tiff in forma pauperis status, and this Order and Report and Recommendation upon defendants C.O. Holley, LT Hubbert, and Timothy Heyd, M.D. (2) Plaintiff shall serve upon the defendant or, if appearance has been entered by counsel, upon defendant 9;s attorney, a copy of every further pleading or other document submitted for consideration by the Court (3) Plaintiff shall inform the Court promptly of any changes in his address which may occur during the pendency of this lawsuit( Objections to R&R due by 11/14/2017). Signed by Magistrate Judge Karen L. Litkovitz on 10/31/2017. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)