Robles v. Casey et al

Filing 10

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the 6 Report and Recommendation is ADOPTED as follows: 1)Any clms for monetary damages against all named dfts in their official capacities are DISMISSED WITH PREJUDICE. 2)Pltf's 14th Amendment E qual Protection claims against all named Dfts are DISMISSED w/ PREJUDICE. 3)Any 8th Amendment denial of proper medical care clms against all named Dfts are DISMISSED W/O PREJUDICE. 4)Pltf's 8th Amendment conditions of confinement clms are agains t all dfts are DISMISSED W/O PREJUDICE. 5)All clms against Dfts Davis, Jones, Lucas, Sowga, Walsh and Varner are DISMISSED W/O PREJUDICE. 6)Pltf's 8th Amendment state created danger claim SHALL BE permitted to proceed agsinst Dft Case. 7)Pltf SH ALL BE given leave to file an amdcmpt w/i 10 days. 8)Dfts Mtn to Dismiss is DENIED AS MOOT. 9)Pltf's mtn for exttm to respond to the mtn to dismiss is DENIED AS MOOT. 10)This action shall be REFERRED to MJ Blewitt for pre-trial mgmt. 8 4 6 Signed by Chief Judge Yvette Kane on Jan. 3, 2011. (sc)