Opinion
CIVIL NO. 12-2058 (JAG)
03-31-2014
EDWARD PACHECO-MUNIZ, Plaintiff, v. JESUS GONZALEZ-CRUZ, et al., Defendants.
MEMORANDUM & ORDER
GARCIA-GREGORY, D.J.
Before the Court is defendant Jesus Gonzalez-Cruz ("Gonzalez") and Carlos Molina-Rodriguez's ("Molina") motion to dismiss under Fed. R. Civ. P. 12(b)(6). (Docket No. 13). This motion was referred to Magistrate Judge Lopez, who issued a report and recommendation. (Docket No. 19). After considering Plaintiff's objections, (Docket No. 20), and de novo review of Defendants' motion, the Court finds that the magistrate's findings and conclusions of law are correct.
The Court hereby ADOPTS in its entirety the magistrate's report for the reasons stated therein. (Docket No. 19). Accordingly, Defendant's motion is:
(1) GRANTED as to Plaintiff's § 1983 claims for monetary damages against Defendants' in their official capacities,
(2) DEEMED MOOT as to Plaintiff's claim for injunctive relief against Defendants' in their official capacity;
(3) DENIED as to Plaintiff's claims against Gonzalez in his personal capacity under the First Amendment, Procedural Due Process Clause of the Fourteenth Amendment and Law 100;
(4) GRANTED as to Plaintiff's claims against Molina in his personal capacity under the First Amendment, Due Process Clause of the Fourteenth Amendment and Law 100;
(5) GRANTED as to Plaintiff's claims under the Fifth Amendment, Substantive Due Process Clause of the Fourteenth Amendment and Article 1802.
IT IS SO ORDERED. In San Juan, Puerto Rico, this 31st day of March, 2014.
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JAY A. GARCIA-GREGORY
United States District Judge