Opinion
Case No. 4:13cv549-MW/GRJ
02-20-2015
CONRAAD L. HOEVER, Plaintiff, v. C. CARRAWAY, et al., Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate's Report and Recommendation, ECF No.51, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No.56. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Plaintiff's objections as this Court's opinion. Defendant's Motion to Dismiss, ECF No. 45, is GRANTED in part to the extent that Plaintiff's claim for violation of due process is dismissed; Plaintiff's claims against Defendants in their official capacities for damages are dismissed; Plaintiff's claims for compensatory and punitive damages against Defendants in their individual capacities are dismissed; and Plaintiff's claims for declaratory or injunctive relief are dismissed. In all other respects Defendant's motion to dismiss, ECF No. 45, is DENIED. This cause is remanded to the Magistrate for consideration of Plaintiff's First Amendment claims for retaliation against Defendants Marks, Nunez and Paul for nominal damages.
As to the due process claim, this Court notes that Plaintiff explicitly states that he did not assert a separate claim based on the "June 6, 2013, incident" but "the incident was used to demonstrate the pattern of . . . behavior." ECF No. 50 at 9. Stated otherwise, Plaintiff's assertion that the Magistrate confused the words "concerted" and "conceded" is nonsensical.
SO ORDERED on February 20, 2015.
s/ Mark E. Walker
United States District Judge