Gilyard v. Eldridge et al, No. 6:2014cv00558 - Document 35 (E.D. Okla. 2017)

Court Description: OPINION AND ORDER by District Judge James H. Payne : Motion to dismiss is GRANTED for Plaintiffs failure to state a claim upon which relief may be granted, pursuant to Fed. R. Civ. P. 12(b)(6). The official-capacity claims against the defendants are DISMISSED WITHOUT PREJUDICE, and the individual-capacity claims against the defendants are DISMISSED WITH PREJUDICE. All remaining pending motions are DENIED as moot. This dismissal shall count as a STRIKE, pursuant to 28 U.S.C. § 1915(g). (acg, Deputy Clerk)