-DLD Birklett v. Cain et al, No. 3:2010cv00838 - Document 36 (M.D. La. 2011)
Court Description: OPINION regarding 34 Report and Recommendations of the U.S. Magistrate Judge...IT IS ORDERED that 11 and 25 Motion to Dismiss is granted, only to the extent that it seeks dismissal of the pltfs claim for monetary damages asserted against the defts in their official capacities. This action shall be referred back to the Magistrate Judge for further proceedings. Signed by Judge Frank J. Polozola on 11/17/2011. (JDL)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA MICHAEL BIRKLETT (#401459) CIVIL ACTION VERSUS NO. 10-0838-FJP-DLD WARDEN N. BURL CAIN, ET AL. O P I N I O N After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report1 to which no objection was filed: IT IS ORDERED that the defendants' Motion to Dismiss2 is granted, only to the extent that it seeks dismissal of the plaintiff s claim for monetary damages asserted against the defendants in their official capacities. This action shall be referred back to the Magistrate Judge for further proceedings. Baton Rouge, Louisiana, November 17, 2011. S FRANK J. POLOZOLA MIDDLE DISTRICT OF LOUISIANA 1 Rec. Doc. No. 34. 2 Rec. Doc. Nos. 11 & 25. Doc#47607
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