Phillips v. Hill et al
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|Date Filed||#||Document Text|
|June 1, 2017
ORDER adopting in part and overruling in part 9 Report and Recommendations; The court ADOPTS all portions of the Report except for the Magistrate Judges recommendation that Defendant Hill should be directed to answer the 42 U.S.C. § 1983 false arrest and false imprisonment claims in his official capacity; any § 1983 claims against Defendant Hill in his official capacity are DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief can be granted; Plaintiffs claim req uesting judicial institutional of criminal charges is hereby DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Plaintiffs claims against Defendant Jane C. Smith are hereby DISMISSED WITHOUT PREJUDICE for failure to state a claim. A ll of Plaintiffs claims against Defendant Hill, with the exception of his § 1983 individual-capacity false arrest and false imprisonment claims, are DISMISSED WITHOUT PREJUDICE for failure to state a claim. Plaintiffs individual-capacity false arrest and false imprisonment claims against Defendant Hill are REFERRED to the Magistrate Judge for further proceedings.. Signed by Judge R David Proctor on 6/1/2017. (KAM, )
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