Opinion
4:24-CV-00886
11-14-2024
SHAUN P. AUSTIN, Plaintiff, v. SCI-DALLAS MAILROOM STAFF, et al., Defendants.
ORDER
Matthew W. Brann, Chief United States District Judge
AND NOW, this 14th day of November 2024, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:
1. Defendants' motion (Doc. 3) to dismiss under Federal Rule of Civil Procedure 12(b)(6) is GRANTED in part and DENIED in part, as follows:
a. Plaintiff's Section 1983 First and Fourteenth Amendment access-to-courts claims are DISMISSED with prejudice as to all Defendants pursuant to Rule 12(b)(6) for failure to state a claim upon which relief may be granted.
b. Plaintiff's Section 1983 First Amendment free speech claim against defendants “SCI-Dallas Mailroom Staff” is DISMISSED without prejudice pursuant to Rule 12(b)(6). Leave to amend herein is DENIED.
c. Plaintiff's Section 1983 First Amendment retaliation claims against all Defendants are DISMISSED with prejudice pursuant to Rule 12(b)(6).
d. Defendants' motion to dismiss is DENIED in all other respects.
2. The Clerk of Court is directed to terminate defendants “SCI-Dallas Mailroom Staff.”
3. Defendants' motion to strike (Doc. 3) pursuant to Federal Rule of Civil Procedure 12(f) is GRANTED. The impertinent allegations regarding defendant Ransom appearing on pages 7 and 8 of Plaintiff's complaint (Doc. 1-1 at 7-8 ¶¶ 9-10) are STRICKEN from the record.
4. This case shall proceed on Plaintiff's Section 1983 First Amendment free speech claim regarding incoming nonlegal mail as to defendant Ransom only.
5. Defendant Ransom shall respond to the single remaining Section 1983 claim listed in paragraph 4 above as required by Federal Rule of Civil Procedure 12(a)(4).