Opinion
No. 3:12-CV-934
09-06-2012
BRIAN M. CUNNINGHAM, SR., Plaintiff, v. JOHN DOE, et al., Defendants.
(JUDGE CAPUTO)
(MAGISTRATE JUDGE BLEWITT)
ORDER
NOW this 6th day of September, 2012, upon review of the Report and Recommendation of Magistrate Judge Thomas M. Blewitt (Doc. 17) for plain error or manifest injustice, IT IS HEREBY ORDERED that:
(1) Plaintiff's Motion for Leave to Proceed in forma pauperis (Doc. 2) is construed as a motion to proceed without full prepayment of fees and costs, and is GRANTED.
(2) The Report and Recommendation (Doc. 17) is ADOPTED.
(3) Plaintiff's claims for monetary damages against Defendants in their official capacities be DISMISSED WITH PREJUDICE.
(4) Plaintiff's request for an injunction be DISMISSED WITH PREJUDICE.
(5) Plaintiff's request for declaratory relief be DISMISSED WITH PREJUDICE.
(6) Defendant DCP Medical Department be DISMISSED WITH PREJUDICE.
(7) Count I of Plaintiff's Amended Complaint (Doc. 12) be DISMISSED WITHOUT PREJUDICE.
(8) Counts II and III of Plaintiffs Amended Complaint (Doc. 12) be DISMISSED WITH PREJUDICE.
(9) The Clerk of Court is directed to mark the case as CLOSED.
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A. Richard Caputo
United States District Judge