Opinion
Civil Action No. 07-307J.
August 13, 2008
ORDER
AND NOW, this 13th day of August, 2008, after the Plaintiff, Deablo Clentscale, filed an action in the above-captioned case, and after Defendants filed motions to dismiss, and after a Report and Recommendation was filed by the United States Magistrate Judge giving the partied until July 28, 2008 to file written objections thereto, and no objections having been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the motion to dismiss, Dkt. [6], filed by the DOC Defendants, is granted in part and denied in part. It is granted as to Plaintiff's procedural due process claim but denied as to Plaintiff's Eighth Amendment claim.
IT IS FURTHER ORDERED that Dr. Naji's motion to dismiss, Dkt. [13] is denied. However, to the extent that Plaintiff's complaint seeks to make a procedural due process claim against Dr. Naji, any such procedural due process claim against Dr. Naji are dismissed pursuant to the screening provisions of the PLRA for failure to state a claim upon which relief can be granted.