Cook v. Woodard et al
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|Date Filed||#||Document Text|
|November 30, 2017
ORDER AND REPORT AND RECOMMENDATION signed by Magistrate Judge Stephanie K. Bowman on 11/30/2017. Plaintiffs 6 Motion to Amend/Correct is hereby GRANTED. IT IS RECOMMENDED THAT: 1. The complaint, as amended, be DISMISSED with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1), with the exception of the following claims, which may proceed: Eighth Amendment claim of excessive force against defendant Ryan Woodard, as stated in the original complaint and plaintiffs retal iation claim against defendant Cool, as stated in the amended complaint 2. Defendants 11 moion to dismiss the amended complaint as to defendant Woodard be DENIED. IT IS ORDERED THAT: The United States Marshal shall serve a copy of the original an d amended/corrected complaints (Doc. 3, 10), summons, the Order granting plaintiff in forma pauperis status, and this Order and Report and Recommendation upon defendants Woodard and Cool as directed by plaintiff, with costs of service to be advanced by the United States. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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