Opinion
Case No. 3:09cv281/LAC/EMT.
March 9, 2011
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated February 8, 2011 (Doc. 121). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of objections filed.
Having considered the Report and Recommendation, and the timely filed objections thereto, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. Defendants' motion for summary judgment (Doc. 83) is GRANTED IN PART only to the following extent:
a. Plaintiff's claims against Defendant Gielow are DISMISSED;
b. Plaintiff's Eighth Amendment claim against Defendant Raybon based upon his maintaining Plaintiff on the special management meal for seven days is DISMISSED;
c. Plaintiff's Eighth Amendment claims against Defendants Orsa and Raybon based upon their exposing him to residual chemical agent by returning him to a cell that was not sufficiently decontaminated are DISMISSED;
d. Plaintiff's conspiracy claim is DISMISSED;
e. Plaintiff's claims against Defendants in their officials capacities are DISMISSED; and
f. Plaintiff's claims for compensatory and punitive damages against Defendants in their individual capacities are DISMISSED.
2. Defendants' motion for summary judgment (Doc. 83) is otherwise DENIED.
3. This case is remanded to the assigned magistrate judge further proceedings.
DONE AND ORDERED this 9th day of March, 2011.