Opinion
4:21-CV-01221
07-01-2022
RASUL GRAY, Plaintiff, v. MARK GARMAN, et al., Defendants.
ORDER
MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE.
AND NOW, this 1st day of July 2022, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:
1. Defendants' motion (Doc. 14) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED in part and DENIED in part, as follows:
a. Defendants' motion is GRANTED as to Gray's Eighth Amendment claim of deliberate indifference to serious medical needs. Said claim is DISMISSED without prejudice as to all Defendants.
b. Defendants' motion is GRANTED in part as to Gray's Eighth Amendment failure-to-protect claim. Said claim is DISMISSED with prejudice as to defendant Nicki J. Paul but may proceed against defendants Mark Garman and Gerald McMahon.
c. Defendants' motion is DENIED in all other respects.
2. Gray's state-law tort claims are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim on which relief may be granted.
3. Gray, if desired, may file an amended complaint in conformity with the accompanying Memorandum within 21 days of the date of this Order, or on or before July 22, 2022.
4. If no amended complaint is timely filed, this case will proceed on the following Section 1983 claim: Eighth Amendment failure-to-protect against defendants Garman and McMahon.