Pacheco-Muniz v. Gonzalez-Cruz et al

Filing 21

MEMORANDUM & ORDER adopting 19 Report and Recommendation; granting in part and denying in part 13 Motion to Dismiss for Failure to State a Claim. Signed by Judge Jay A. Garcia-Gregory on 3/31/2014.(IL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
EDWARD PACHECO-MUNIZ,
Plaintiff,
CIVIL NO. 12-2058 (JAG)

v.
JESUS GONZALEZ-CRUZ, et al.,
Defendants.

MEMORANDUM & ORDER
GARCIA-GREGORY, D.J.
Before the Court is defendant Jesus Gonzalez-Cruz (“Gonzalez”)
and Carlos Molina-Rodriguez’s (“Molina”) motion to dismiss under Fed.
R. Civ. P. 12(b)(6). (Docket No. 13).
Magistrate

Judge

Lopez,

who

issued

This motion was referred to
a

report

and

recommendation.

(Docket No. 19). After considering Plaintiff’s objections, (Docket No.
20), and de novo review of Defendants’ motion, the Court finds that
the magistrate’s findings and conclusions of law are correct.
The Court hereby ADOPTS in its entirety the magistrate’s report
for

the

reasons

stated

therein.

(Docket

No.

19).

Accordingly,

Defendant’s motion is:
(1)

GRANTED

as

to

Plaintiff’s

§

1983

claims

for

monetary

damages against Defendants’ in their official capacities,
(2)

DEEMED MOOT as to Plaintiff’s claim for injunctive relief
against Defendants’ in their official capacity;

(3)

DENIED as to Plaintiff’s claims against Gonzalez in his
personal capacity under the First Amendment, Procedural Due
Process Clause of the Fourteenth Amendment and Law 100;

Civil No. 12-2058 (JAG)

(4) GRANTED as to

2
Plaintiff’s

claims

against

Molina

in

his

personal capacity under the First Amendment, Due Process
Clause of the Fourteenth Amendment and Law 100;
(5)

GRANTED as to Plaintiff’s claims under the Fifth Amendment,
Substantive Due Process Clause of the Fourteenth Amendment
and Article 1802.

IT IS SO ORDERED.
In San Juan, Puerto Rico, this 31st day of March, 2014.
S/ Jay A. Garcia-Gregory
JAY A. GARCIA-GREGORY
United States District Judge