Opinion
Case No. 4:13cv421-MW/CAS
01-13-2017
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation. ECF No. 71. Upon consideration, no objections having been filed by the parties,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court's opinion. The motion to dismiss filed by Defendant Mock, ECF No. 62, is GRANTED. Plaintiff's claims for compensatory and punitive damages are dismissed pursuant to 42 U.S.C. § 1997d(e), the claims for injunction and declaratory relief are dismissed, and the claim against Defendant Mock may proceed in his individual capacity only for nominal damages. Defendant Mock is required to file an answer to Plaintiff's fourth amended complaint within ten days of this order. This case is remanded to the Magistrate Judge for further proceedings.
SO ORDERED on January 13, 2017.
s/ Mark E. Walker
United States District Judge