Lyons v. Wall

Full title: OLIVER LYONS v. ASHBEL T. WALL, WALTER WHITMAN, DEPUTY HILTERMAN, WARDEN…

Court: United States District Court, D. Rhode Island

Date published: Feb 3, 2006

CA 05-433 ML (D.R.I. Feb. 3, 2006)

Opinion

CA 05-433 ML.

February 3, 2006

MEMORANDUM AND ORDER

MARY LISI, District Judge

This matter is before the Court on Plaintiff's objections to a Report and Recommendation issued by Magistrate Judge Hagopian on January 24, 2006. After reviewing Plaintiff's objections and the Report and Recommendation, this Court finds that, with the exception of the Magistrate Judge's recommendation that Plaintiff's Eighth Amendment claim as to Defendant Lombardi be dismissed, all other recommendations should be adopted.

Accordingly, this Court adopts the Report and Recommendation insofar as it recommends:

1. That the Motion to Dismiss on Plaintiff's First Amendment retaliation claims as to Defendants Barney, Raposa and Delaney is DENIED;

2. That the Motion to Dismiss Plaintiff's First Amendment retaliation claim as to Defendants Wall, Whitman, Hilterman, McCauley, Kettle, Clancy, Lombardi and Bartholomy is GRANTED;

3. That the Motion to Dismiss on Plaintiff's Eighth Amendment claim premised on the assault by other inmate as to Defendant Lombardi is DENIED; and,

4. That the Motion to Dismiss as it relates to all other Eighth and Fourteenth Amendment claims is GRANTED.

SO ORDERED: