Summary
holding that federal prisoner may bring a claim for injunctive relief against BOP officials in their officially capacities for ongoing violations of the Eighth Amendment based on sovereign immunity waiver of Administrative Procedure Act
Summary of this case from Williams v. BirkholzOpinion
Civil No. 10-4746 (SRN/JJG)
01-25-2012
Sylvester Taylor, Plaintiff, v. Benjamin Rice, Jr. and Renee Hunter, Defendants.
ORDER ON REPORT
AND RECOMMENDATION
The above-entitled matter came before the Court upon the Report and Recommendation of the United States Magistrate Judge. The defendants have stated that they have no objection to the Report and Recommendation.
Based upon the Report and Recommendation, and all the files, records and proceedings herein,
IT IS HEREBY ORDERED that:
1. Defendants' motion to dismiss this action pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction, (Docket No. 19), is DENIED; and
2. Defendants must file an answer or other procedurally appropriate response to Plaintiff's complaint within twenty (20) days.
Susan Richard Nelson
United States District Judge