Opinion
No. 09-5510 FDB.
February 16, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS
In this prisoner civil right action, the Magistrate Judge recommends that the Defendant's Motion to Dismiss be granted in part and denied in part. Claims relating to the Fourteenth Amendment and Due Process should be dismissed with prejudice. The Motion to Dismiss the Eighth Amendment claims should be denied. Neither party has filed objections to the Report and Recommendation.
The Court, having reviewed the Report and Recommendation of Magistrate Judge J. Richard Creatura, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) The claim relating to the Fourteenth Amendment and Due Process is DISMISSED WITH PREJUDICE. The Motion to Dismiss the Eighth Amendment claim is DENIED.
(3) The Clerk is directed to send copies of this Order to Plaintiff, and to the Hon. J. Richard Creatura.
(4) The remaining claim is re-referred to the Magistrate Judge for further proceedings.