Iverson v. Flowers et al

Filing 55

ORDER granting in part and denying in part 40 Motion to Dismiss. (Memorandum previously filed). 1. Defendants' motion to dismiss, (Doc. 40), is DENIED with respect to Plaintiffs Eighth Amendment use of force claim. 2. Defendants' motion to dismiss, (Doc. 40), is GRANTED as to all remaining claims. Defendants Southers, Ditty, Davis, and Department of Corrections are DISMISSED from this action. 3. Defendants Captain John Doe and Correctional Officer John Doe are DISMISSED from thi s case pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, as they have not been served within 120 days ofthe date on which they were named as Defendants in this case. 4. Plaintiff s Eighth Amendment claims of excessive force and conditi ons of confinement are the only claims that will proceed as to the remaining Defendants. 5. Remaining Defendants shall file any dispositive motion within thirty (30) days. Failure to file a dispositive motion will result in the case being set for trial at the convenience of the Court.Signed by Honorable William J. Nealon on 9/30/2014 (bg)

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