Jackson v. Pierce et al
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|Date Filed||#||Document Text|
|April 24, 2013
OPINION (See Written Opinion): 1) Pursuant to its merit review of the Complaint under 28 U.S.C. § 1915A, the Court finds that Plaintiff states the following Page 3 of 6 constitutional claims: 1) First Amendment retaliation claim against Defe ndants Fitzgerald and Pierman for allegedly retaliating against Plaintiff for Plaintiff's grievances; and, 2) a Fourteenth Amendment equal protection claim against Defendant Fitzgerald for allegedly not allowing black inmates to bring books to o r talk in the prison health care unit while allowing white and Hispanic inmates to do so. This case proceeds solely on the claims identified in this paragraph. Any additional claims shall not be included in the case, except at the Court's discre tion on motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15. 2) Defendant Pierce is dismissed, without prejudice, for failure to state a claim against him. This cause is set for further scheduling procedures unde r Fed. R. Civ. P. 16 on July 1, 2013 at 1:30 p.m., or as soon as the Court can reach the case, before U. S. District Judge Sue E. Myerscough by telephone conference. The conference will be cancelled if service has been accomplished and no pending issues need discussion. Accordingly, no writ shall issue for Plaintiff's presence unless directed by the Court. Entered by Judge Sue E. Myerscough on 4/24/2013. (VM, ilcd)
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