Opinion
4:21-CV-01746
09-07-2022
JEROME JUNIOR WASHINGTON, Plaintiff, v. SUPERINTENDENT SALAMON, et al., Defendants.
ORDER
Matthew W. Brann, Chief United States District Judge
AND NOW, this 7th day of September 2022, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:
1. Defendants' motions (Doc. 19, 20) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) are GRANTED, as follows:
a. Washington's Eighth Amendment claims concerning conditions of confinement and deliberate indifference to serious medical needs are DISMISSED without prejudice.
b. Washington's First Amendment retaliation claim is DISMISSED with prejudice.
2. Washington shall have 21 days from the date of this Order to respond to defendant Douglas Weber's challenge concerning failure to exhaust administrative remedies.
3. Following resolution of the exhaustion challenge, the Court will issue an Order regarding the scope and timing of amended pleadings.