Caldera v. Diaz et al
||Orlando Diaz and Ortiz
||March 26, 2015
||US District Court for the Western District of Texas
||El Paso Office
||Anne T. Berton
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42:1983 Prisoner Civil Rights
|Jury Demanded By:
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|January 28, 2016
ORDER ADOPTING REPORT AND RECOMMENDATIONS ORDERED that the Court DENIES Defendant Orlando Diaz and Defendant William Daviss motions to dismiss Calderas amended complaint under Rule 12(b)(6) (ECF No. 62, 61) with regard to Calderas Fourth Amendment an d state-law assault claims.IT IS FURTHER ORDERED that the Court GRANTS Defendant Orlando Diaz and Defendant William Daviss motions to dismiss (ECF No. 62, 61) with regard to Calderas First Amendment claims and DISMISSES WITH PREJUDICE Calderas First Amendment claims, 16 Denies Motion to Dismiss filed by Orlando Diaz, 39 Report and Recommendations, 73 , IT IS FINALLY ORDERED that this case is returned to the Magistrate Judge for further proceedings. Signed by Judge Kathleen Cardone. (mt) Modified on 1/28/2016 (bg2).
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