Opinion
Civil Action 23-1331
02-05-2024
SAMUEL O. ARAOYE a/k/a ELLSWORTH D., Plaintiff, v. THOMAS J. VILSACK, JOSEPH HARRISON, STEPHANIE NIEMI, and DENNIS JEMMERSON, Defendants.
ORDER
WENDY BEETLESTONE, J
AND NOW, this 5th of February 2024, upon consideration of Defendants' Motion to Dismiss and Substitute Certain Defendants (ECF No. 53), Plaintiff's response thereto (ECF No. 54), and the parties' Cross-Motions for Summary Judgment (ECF Nos. 55-59), it is HEREBY ORDERED that Defendants Joseph Harrison, Stephanie Niemi, and Dennis Jemmerson are DISMISSED from this case and Plaintiff's claims for damages under Bivens v. Six Unknown Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971), are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment is DENIED, and Defendant Thomas J. Vilsack's Motion for Summary Judgment is GRANTED.
The Clerk of Court is directed to TERMINATE this matter and mark it CLOSED.