Opinion
1:22-cv-1346
07-24-2023
SPENCER LONG, Plaintiff v. CO CARA and CO CHARTERS, Defendants
ORDER
Sylvia H. Rambo United States District Judge
AND NOW, on this 24th day of July 2023, for the reasons set forth in the Memorandum accompanying this Order, IT IS ORDERED THAT:
1. Defendants' motion (Doc. No. 28) for partial dismissal is GRANTED as more specifically set forth in the accompanying Memorandum;
2. Plaintiff's Eighth Amendment claim of deliberate indifference to serious medical needs is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted;
3. Plaintiff's Fourteenth Amendment procedural due process claim (or First Amendment Petition Clause 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. Plaintiff, if desired, may file an amended complaint within 21 days of the date of this Order; and
5. If no amended complaint is timely filed, this case will proceed only as to Plaintiff's Eighth Amendment excessive force claim against Defendants.