Opinion
3:22-cv-05867-JCC-JRC
05-10-2023
KENNETH S WILLIAMS, Plaintiff, v. CHERYL STRANGE, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
JOHN C. COUGHENOUR, UNITED STATES DISTRICT JUDGE
The Court, having reviewed the report and recommendation of Magistrate Judge J. Richard Creatura, objections to the report and recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the report and recommendaion.
(2) Defendants' motion to dismiss (Dkt. 11) is:
(a) denied as to plaintiff's Eighth Amendment failure to protect claim against defendant Corrales;
(b) granted as to plaintiff's claims against defendant Strange in her official capacity; and
(c) granted, but with leave to amend, as to plaintiff's claims against defendant Strange alleging her personal participation, and allegations of a physical injury that would entitle plaintiff to compensatory damages for mental and emotional injuries.
(3) Plaintiff may file an amended complaint on or before .
(4) The Clerk is directed to send copies of this order to plaintiff, counsel for defendants, and to the Hon. J. Richard Creatura.