Opinion
Civil Action No. 06-1590.
January 9, 2008
MEMORANDUM ORDER
The above captioned case was initiated on November 29, 2006 and referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
The Magistrate Judge's Report and Recommendation (doc. no. 17), filed on December 10, 2007, recommended that Defendants' Motion to Dismiss (doc. no. 12) be granted as to Defendants Brownfield, Vicities, Hardy, Zimmerlink, and John Doe No. 4 — County Prison Board and denied as to Defendants Medlock, Croftcheck, John Doe No. 1 — Officer J.R., Jane Doe No. 1 — Correctional Lieutenant, John Doe No. 2 — Maintenance Supervisor, and Jane Doe No. 3 — Prison Counselor. The parties were served with the Report and Recommendation and advised that they were allowed until December 27, 2007 to file written objections. No objections have been filed.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 9th day of January, 2008;
IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (doc. no. 12) is GRANTED as to Defendants Brownfield, Vicities, Hardy, Zimmerlink, and John Doe No. 4 — County Prison Board and DENIED as to Defendants Medlock, Croftcheck, John Doe No. 1 — Officer J.R., Jane Doe No. 1 — Correctional Lieutenant, John Doe No. 2 — Maintenance Supervisor, and Jane Doe No. 3 — Prison Counselor.
IT IS FURTHER ORDERED that Plaintiff's Motion for Judgment on the Pleadings (doc. no. 16) is DISMISSED WITHOUT PREJUDICE to refiling as a motion for summary judgment in accordance with the procedures and deadlines set forth in a case management order to be issued by Magistrate Judge Lenihan.
IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 17) of Magistrate Judge Lenihan, dated December 10, 2007, is ADOPTED as the Opinion of the court.