Bell v. Deputy J. Martinzas (Martinez) et al
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|Date Filed||#||Document Text|
|July 17, 2017
MEMORANDUM OPINION AND ORDER adopting in part and declining to adopt in part the R&R 57 . IT IS THEREFORE ORDERED that the Motion to Dismiss Doc. 49 filed by Defendants Hulet, Hartgraves, and Goff is GRANTED, and all claims against them are D ISMISSED WITHOUT PREJUDICE.IT IS FURTHER ORDERED that all claims against Defendant Michelle Wills are DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the Motion for Summary Judgment Doc. 51 filed by Defendants Watson and Martinez is GRAN TED IN PART AND DENIED IN PART. The Motion is GRANTED with respect to: (1) all claims against Defendant Martinez, and (2) the official-capacity claim against Defendant Watson. These claims are DISMISSED WITH PREJUDICE. The Motion is DENIED with res pect to the individual-capacity claim against Defendant Watson that concerns her alleged deliberate indifference to Plaintiff's serious medical needs. This claim will be the only one that is preserved for trial. The Clerk of Court is directed to dismiss all Defendants from this case except for Nurse Watson. The parties are advised that a scheduling order will issue shortly, setting a trial date and pretrial deadlines.. Signed by Honorable Timothy L. Brooks on July 17, 2017. (rg)
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