Opinion
C22-5959-JCC
12-29-2023
JERELL MARSHON JACKSON, JR., Plaintiff, v. TODD E. GOODWIN, et al., Defendants.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' PARTIAL MOTION TO DISMISS
JOHN C. COUGHENOUR, United States District Judge
The Court, having reviewed Plaintiff's second amended complaint, Defendants' partial motion to dismiss, the Report and Recommendation of the Honorable S. Kate Vaughan, United States Magistrate Judge, any objections thereto, and the remaining record, hereby finds and ORDERS:
(1) The Report and Recommendation is approved and adopted.
(2) Defendants' partial motion to dismiss (Dkt. 22) is DENIED as moot to the extent
Defendants seek dismissal of Plaintiff's claims against the DOC, and GRANTED to the extent Defendants seek dismissal of the claims asserted against the individual Defendants in their official capacities. Plaintiff's official capacity claims against the individual Defendants are DISMISSED with prejudice.
(3) Plaintiff's motion for an extension of time to file a response to Defendants' motion to dismiss (Dkt. 23) is DENIED as moot.
(4) The Clerk is directed to send copies of this Order to Plaintiff, to counsel for Defendants, and to Judge Vaughan.