Holbrook et al v. Jellen et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS : IT IS HEREBY ORDERED that:1.The Report & Recommendation (Doc. 8) is ADOPTED. 2.Defendants Motion to Dismiss (Doc. 5) is GRANTED in part and DENIED in part. Defendants Motion is GRANTED with respect to Pla intiffs claims seeking monetary damages against state actor Defendants in their official capacities, and these claims are DISMISSED with prejudice. Plaintiffs claim for a declaratory judgment against Defendants is DISMISSED without prejudice. Defen dants Motion is DENIED with respect to Plaintiffs claims against supervisory Defendants and Plaintiffs First Amendment claims. 3.This case is RECOMMITTED to Magistrate Judge Blewitt for further proceedings. Signed by Honorable A. Richard Caputo on 5/14/14. (jam)

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