RODRIGUEZ v. WHITE et al
| HJALMAR RODRIGUEZ |
| WHITE, MANDO and JOHN DOE |
| 5:2015cv00290 |
| July 27, 2015 |
| US District Court for the Middle District of Georgia |
| Macon Office |
| Butts |
| MARC THOMAS TREADWELL |
| CHARLES H WEIGLE |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
109
ORDER ADOPTING in part and REJECTING in part 89 Report and Recommendations; GRANTING in part 83 Motion to Dismiss; ADOPTING 103 Report and Recommendations; and GRANTING 98 Motion to Dismiss. Accordingl y, the Plaintiff's access-to-courts claims are DISMISSED with prejudice and his retaliatory strip search claims and equal protection claims relating to strip searches are DISMISSED without prejudice. The following claims remain: (1) the Plaint iff may pursue prospective equitable relief for his religious freedom claims but qualified immunity bars his damages claims; (2) the Plaintiff may pursue prospective equitable relief and nominal damages based on retaliatory confiscation of legal documents; and (3) the Plaintiff may pursue his equal protection claim based on confiscation of legal documents. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 2/9/2018. (tlh)
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Filing
82
ORDER DENYING 73 Motion for Reconsideration. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/22/2017. (tlh)
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Filing
16
ORDER ADOPTING in part and REJECTING in part 6 Report and Recommendations; GRANTING 10 Motion to Amend/Correct; and DENYING as moot 5 Motion for Judgment on the Pleadings. The matter of identifying the D oe defendants for service is REFERRED back to the Magistrate Judge. The following claims may proceed against all Defendants: (1) access-to-courts claims based on the confiscation of the Plaintiffs legal documents; (2) claims based on repeated strip searches, including his equal protection claims; (3) religious freedom claims; (4) Eighth Amendment claims based on denial of restroom breaks, and (5) retaliation claims. His due process claims are DISMISSED without prejudice. It is ORDERED that se rvice be made on Commander White and Correctional Officer Lando and that they file an answer or such other response as may be appropriate under Fed. R. Civ. P. 12, 28 U.S.C. § 1915, and the Prison Litigation Reform Act. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 7/14/2016. (tlh)
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