Opinion
3:22-CV-434
10-05-2022
DANIEL J. RICHARDSON, Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION, et al., Defendants.
ORDER
ROBERT D. MARIANI, DISTRICT JUDGE
AND NOW, THIS 5TH DAY OF OCTOBER, 2022, upon review of Magistrate Judge Karoline Mehalchick's Report and Recommendation (“R&R”) (Doc. 18) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 18) is ADOPTED for the reasons set forth therein.
2. Plaintiffs motion for temporary restraining order and preliminary injunction (Doc. 7) are DENIED.
3. Defendants' motion to dismiss, or alternatively, for summary judgment (Doc. 12) is GRANTED IN PART AND DENIED IN PART as follows:
a. Plaintiff's Bivens claims for violations of the Fourth and Fifth Amendments against the FBI or John Doe FBI Agents in their official capacities, 42 U.S.C. § 1983 claims, Fourteenth Amendment claims, claims under the Universal Declaration of Human Rights, and ADA claims, are DISMISSED WITH PREJUDICE.
b. Plaintiff's Bivens claims for violations of the Fourth and Fifth Amendments against John Doe FBI Agents in their individual capacities and 42 U.S.C. § 1985 claims are DISMISSED WITHOUT PREJUDICE.
c. Defendants' alternative motion for summary judgment is DENIED WITHOUT PREJUDICE to Defendants' ability to renew the motion following the close of discovery.
4. Plaintiff's motion to amend (Doc. 15) is GRANTED IN PART AND DENIED IN PART as follows:
a. Plaintiff's request that the Court issue a subpoena directing the release of Defendants' identities (Doc. 15, at 3) is DENIED.
b. Plaintiff's request to amend the complaint is GRANTED.
5. No later than 30 days from the date of this Order, Plaintiff shall file a curative Amended Complaint.
6. The case is REMANDED to Magistrate Judge Mehalchick for further proceedings consistent with this Order.