Dale v. Dejong et al

Filing 36

ORDER adopting 34 Report and Recommendation; denying 35 Objection to Report and Recommendation; granting in part and denying in part 20 Motion to Dismiss for Failure to State a Claim. Signed by U.S. District Judge Lawrence L. Piersol on 7/8/15. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

FILED
JUL 0 8 2015

***********************************************************~~~*******
*

CIV. 14-4102
*
*
Plaintiff,
*
*
ORDER
vs.
*
*
CORY TYLER; ANDRA GATES;
*
MICHAEL JOE HANVEY;
*
MIKE DOYLEL; TAMMY DEJONG;
*
KELLY TJEERDSMA;
*
MICHAEL MEYER;
*
REBECCA SCHIEFER;
*
GEORGE DEGLMAN;
*
UNKNOWN DEPARTMENT OF
*
CORRECTIONS MEDICAL STAFF;
*
UNKNOWN DEPARTMENT OF
*
CORRECTIONS STAFF; and
*
ROBERT DOOLEY;
*
*
Defendants.
*
*
******************************************************************************
JAMES IRVING DALE,

Plaintiff James Irving Dale, an inmate at the Mike Durfee State Prison, has filed a civil rights
lawsuit pursuant to 42 U.S.C. § 1983. The Magistrate Judge issued a Report and Recommendation
recommending that the Defendants' Motion to Dismiss, Doc. 20, be granted as to (A) all of Dale's
Due Process Claims; (B) all of the claims against Defendants Dooley, Deglman, and Schieffer; and
(C) all official capacity claims for money damages against all named defendants. The Report and
Recommendation further recommended the balance of the Defendants' Motion to Dismiss be denied
without prejudice to their ability to re-assert these arguments in a properly supported motion for
summary judgment. Plaintiff filed objections to the Report and Recommendation. After conducting
an independent review of the record, the Court concludes that the Report and Recommendation is
well reasoned and supported, and that the Objections to the Report and Recommendation are without

merit, and accordingly,

IT IS ORDERED:
1.

That the Magistrate Judge's Report and Recommendation, Doc. 34, is
ADOPTED and Plaintiffs Objections to the Report and Recommendation,
Doc. 35, are DENIED.

2.

That Defendants' Motion to Dismiss, Doc. 20, is granted as to:
A.
B.

All of the Claims against Defendants Dooley, Deglman, and
Schieffer; and

C.

3.

All of Dale's Due Process Claims;

All official capacity claims for money damages against all
named Defendants.

That the balance of the Defendants' Motion to Dismiss is DENIED without
prejudice to their ability to re-assert these arguments in a properly supported
motionir summary judgment.

Dated this

'3 'day ofJuly, 2015.
BY THE COURT:

~crw~b~

ATTEST:

United States District Judge

JOSEP~PftS,CLERK
By:

~~f=
Deputy