McCullar v. Barnes et al
| Tracy Scott McCullar |
| Wayne Barnes, Wayne Smith, Justin Jones and Debbie Morton |
| 5:2009cv00400 |
| April 13, 2009 |
| US District Court for the Western District of Oklahoma |
| Prisoner: Civil Rights Office |
| Craig |
| Valerie K. Couch |
| David L. Russell |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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| Document Text |
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Filing
22
ORDER ADOPTING REPORT AND RECOMMENDATION 21 in its entirety; granting 16 Motion to Dismiss filed by Wayne Barnes, Wayne Smith, Justin Jones, Debbie Morton and denying 4 Motion to Appoint Counsel filed by Tracy Scott McCullar. Signed by Honorable David L. Russell on 11/3/09. (kw, )
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Filing
21
REPORT AND RECOMMENDATION recommending that the 16 MOTION to Dismiss and Brief in Support filed by Wayne Barnes, Wayne Smith, Justin Jones, Debbie Morton be granted. Plf's official capacity claims should be dismissed on grounds of Elev enth Amendment immunity pursuant to Fed R Civ P 129b)91). Plf's individual capacity claims should be dismissed pursuant to Fed R Civ P 12(b)(6) for failure to state a claim upon which 1983 relief may be granted. 1 In light of this recommendation, Plf's 4 MOTION to Appoint Counsel should be denied. Objections to R&R due by 10/26/2009. Signed by Magistrate Judge Valerie K. Couch on 10/5/09. This R&R terminates the referral by the District Judge in this matter. (ch, )
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