Henise v. Sabol et al
Filing 41
REPORT AND RECOMMENDATION - IT IS RECOMMENDED that the dfts motions to dismiss (Docs. 26 , 31 , and 35 ) be GRANTED, and that the following claims be dismissed with prejudice: (1) The legally insufficient HIPAA claim, and (2) the claims against co rrectional staff arising out of the 2008 incident, which Henise failed to properly grieve through this prison system. As for the remaining claims, it is recommended that the Court provide the pltf with an opportunity to correct the many deficiencies in the pro se complaint, by dismissing these remaining allegations without prejudice to one final effort by the pltf to comply with the rules governing civil actions in federal court. Given these recommendations, Henises document styled motion of c onsolidated response to the dfts motions to dismiss (Doc. 40), which is in reality not a motion, but rather a response in opposition to the dfts motions, should be DISMISSED. Objections to R&R due by 12/31/2010. Signed by Magistrate Judge Martin C. Carlson on December 14, 2010. (kjn)
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