Opinion
1:23-cv-00315
03-26-2024
EDWARD ORTIZ, Plaintiff v. LEWIS MESSINGER, Defendant
ORDER
SYLVIA H. RAMBO United States District Judge
AND NOW, on this 26th day of March 2024, upon consideration of Defendant Lewis Messinger (“Defendant”)'s motion to dismiss, filed pursuant to Rule 12(b) of the Federal Rules of Civil Procedure (Doc. No. 71), and Plaintiff Edward Ortiz (“Plaintiff”)'s motions for the appointment of counsel (Doc. Nos. 75, 80), and in accordance with the accompanying Memorandum, IT IS ORDERED THAT:
1. Defendant's motion to dismiss (Doc. No. 71) is GRANTED in part and DENIED in part as follows:
a. Defendant's motion (Doc. No. 71) is GRANTED as to Plaintiff's official and individual capacity claims brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and these claims are DISMISSED WITH PREJUDICE;
b. Defendant's motion (Doc. No. 71) is GRANTED as to Plaintiff's official capacity claim brought under the Religious Freedom Restoration Act (“RFRA”), 42 U.S.C. §§ 2000bb-2000bb-4, and this claim is DISMISSED WITH PREJUDICE;
c. Defendant's motion (Doc. No. 71) is DENIED as to Plaintiff's individual capacity claim brought under RFRA, and the abovecaptioned action shall proceed on this claim;
2. Plaintiff's motions for the appointment of counsel (Doc. Nos. 75, 80) are DENIED WITHOUT PREJUDICE;
3. Defendant SHALL FILE an answer to the complaint in accordance with the Federal Rules of Civil Procedure;
4. The parties shall complete discovery by October 28, 2024 ; and
5. The parties shall file dispositive motions, if any, on or before December 30, 2024.