JEAN-PIERRE v. BUREAU OF PRISONS et al
Filing 28
MEMORANDUM ORDER - it is hereby Ordered that 18 Motion to Dismiss or in the alternative, for Summary Judgment, will be treated solely as a motion to dismiss and is GRANTED IN PART AND DENIED IN PART: specifically, the motion to dismiss is GRANTED a s to Plaintiff's claims against the BOP and against the individual Defendants in their official capacity; it is DENIED in all other respects without prejudice to Defendants refiling a proper summary judgment motion and allowing Plaintiff the opportunity to conduct relevant discovery; it is further Ordered that 26 Report and Recommendation is ADOPTED as the Opinion of the Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 9/27/2010. (dlg)
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