Opinion
CASE NO. 4:13-cv-504-MW/CAS
03-11-2014
CHARLES J. DAVIS, Plaintiff, v. MICHAEL D. CREW, et al., Defendants.
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION
This Court has considered, without hearing, the Magistrate's Report and Recommendation, ECF No. 32, filed February 3, 2014, and has reviewed de novo Petitioner's Objections to the Proposed Findings and Recommendations, ECF No. 35, filed February 20, 2014. Upon consideration,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court's opinion.
Defendants' motion for a more definite statement, ECF No. 20, is GRANTED. Plaintiff is required to submit an amended complaint which explains the state law tort claim. Defendants' motion to dismiss, ECF No. 20, against Defendant Crews in his official capacity, is GRANTED in part as to monetary damages, but DENIED in part as to prospective injunctive relief. Defendants' motion to dismiss, ECF No. 20, is GRANTED, but Plaintiff is provided an opportunity to submit an amended complaint which alleges specific acts to support claims against the supervisory officials. The motion to dismiss, ECF No. 20, is GRANTED in part and Plaintiff's claims shall be limited to nominal damages. The motion to dismiss, ECF No. 20, is GRANTED in part as to Plaintiff's Fourth and Fourteenth Amendment claims, but DENIED as to Plaintiff's First and Eighth Amendment claims. This case is remanded to the Magistrate Judge for further proceedings.
Mark E. Walker
United States District Judge