Opinion
4:22-CV-00051
07-13-2023
LEONARDO J. MOJICA CARRION, Plaintiff, v. JOHN E. WETZEL, et al., Defendants.
ORDER
MATTHEW W. BRANN CHIEF UNITED STATES DISTRICT JUDGE
AND NOW, this 13th day of July 2023, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:
1. Defendants' motion (Doc. 44) for summary judgment pursuant to Federal Rule of Civil Procedure 56 is GRANTED in part and DENIED in part, as follows:
a. Defendants' motion is GRANTED as to Mojica Carrion's First and Fourteenth Amendment access-to-courts claim.
b. Defendants' motion is DENIED in all other respects.
2. Entry of judgment in accordance with paragraph one above shall be deferred pending resolution of Mojica Carrion's remaining Fourteenth Amendment procedural due process claim.
3. Mojica Carrion's First Amendment free-speech claim is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.
4. Mojica Carrion's official capacity claims for monetary damages against Defendants are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii) because they are barred by Eleventh Amendment sovereign immunity.