Opinion
Civ. 23-484-R
10-25-2023
GARLAND M. MANNING, Plaintiff, v. DEAN LNU, et al., Defendants.
ORDER
DAVID L. RUSSELL, UNITED STATES DISTRICT JUDGE
Upon review of the file and noting no timely objection to the findings and recommendations of United States Magistrate Judge Suzanne Mitchell pursuant to 28 U.S.C. § 636(b)(1), the Court ADOPTS the Report and Recommendation [Doc. No. 11], in its entirety.
For the reasons stated therein, the official capacity claims are dismissed without prejudice, the individual claims against Defendant Rivers are dismissed without prejudice, the claim under the PREA is dismissed with prejudice, and the Fourteenth Amendment claim against Defendant Dean in his individual capacity is allowed to proceed.
IT IS SO ORDERED.