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Brooks v. Austin

June 30, 2010

JAMES BROOKS, PLAINTIFF,
v.
CORRECTION OFFICER AUSTIN AND CORRECTION OFFICER WEAVER. DEFENDANTS.



The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 30th day of June, 2010, upon consideration of Plaintiff's Complaint [Doc. No. 3] and Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure [Doc. No. 7], it is hereby ORDERED that:

1) Defendants' Motion to Dismiss is GRANTED in part, DISMISSED in part for the reasons stated in the attached Memorandum Opinion. All claims against Defendant Weaver are DISMISSED without prejudice, however Plaintiff's claims against Defendant Austin remain; and

2) The above-captioned matter is referred to the Prisoner's Civil Rights Panel for appointment of counsel. While Plaintiff is awaiting counsel, the Clerk of Court is DIRECTED to place this matter in SUSPENSE.

It is so ORDERED.

20100630

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