Summary
granting motion to dismiss retaliation claim because "there is no causal connection between a disciplinary report and a prisoner's freedom of speech if the disciplinary action would have been taken regardless of the prisoner's protected speech" (citing O'Bryant, 637 F.3d at 1217), and noting that "even if [defendant] had some impermissible reason to charge Plaintiff with a disciplinary report, Plaintiff would have been disciplined anyway as the disciplinary team found him guilty of the charged conduct and his disciplinary report was not subsequently overturned"
Summary of this case from Goodwin v. SullivanOpinion
Case No. 4:14cv98-MW/CAS
08-24-2015
ROBERT P. TAYLOR, Plaintiff, v. MICHAEL D. CREWS, et al., Defendants.
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION
This Court has considered the Magistrate Judge's Report and Recommendation. ECF No. 21. Upon consideration, no objections having been filed by Plaintiff,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court's opinion. Defendants' motion to dismiss Plaintiff's second amended complaint, ECF No. 11, is GRANTED in part and DENIED in part. The motion to dismiss, ECF No. 17, is DENIED as to Plaintiff's claim against Defendant Sikes for retaliation on March 2, 2013; the motion is otherwise GRANTED. This case is REMANDED to the Magistrate Judge for further proceedings on the surviving First Amendment claim.
SO ORDERED on August 24, 2015.
s/ MARK E. WALKER
United States District Judge