Cook v. McCabe et al
| Jerod J Cook |
| Clarence Mazyck, Wayne C McCabe, Darryl McGhee, Lewiston Miller, Theo Nettles, Eugene Skipper and Armot Cole |
| 5:2012cv02608 |
| September 11, 2012 |
| US District Court for the District of South Carolina |
| Orangeburg Office |
| Dorchester |
| Richard M Gergel |
| Kaymani D West |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
59
ORDER RULING ON REPORT AND RECOMMENDATION: the Court adopts the R&R 38 in part. Accordingly, the Court grants in part and denies in part Defendants' motion for summary judgment. The Court grants Defendants' motion on all grounds except for Plaintiff's Fourth Amendment invasion of privacy claim (Dkt. No. 27 ). Accordingly, the Court dismisses Plaintiff's Excessive Force and Due Process claims. Furthermore, because Plaintiff's invasion of privacy claim involves only Defendants Nettles, Skipper, McGhee, Miller, Mazyck, and Cole, the Court dismisses Defendant McCabe as a defendant in this action. Finally, because Defendants are entitled to Eleventh Amendment Immunity, Defendants Nettles, Skipper, McGhee, Miller, Mazyck, and Cole remain subject to suit only in their personal capacity. Signed by Honorable Richard M Gergel on 7/11/2013. (mcot, )
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Filing
32
ORDER: Plaintiff is directed to advise the court whether he wishes to continue with this case and to file a response to Defendants' Motion for Summary Judgment 27 by March 18, 2013. Plaintiff is further advised that if he fails to respond, this action against Defendants will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 2/28/2013. (mcot, )
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