January 16, 2014
ALTON BROWN, Plaintiff,
JEFFREY A. BEARD, et al., Defendants.
EDUARDO C. ROBRENO, District Judge.
AND NOW, this 15th day of January, 2014, after careful and independent consideration of the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter (ECF No. 103) and Plaintiff's objections thereto (ECF No. 115),  it is hereby ORDERED as follows:
(1) The Report and Recommendation is APPROVED and ADOPTED in part, and REJECTED in part;
(2) Plaintiff's objections to the Report and Recommendation are GRANTED in part and OVERRULED in part;
(3) Defendants' Motions for Summary Judgment (ECF No. 44 & 49) are GRANTED in part and DENIED in part;
(4) Defendants' Motions to Dismiss (ECF Nos. 8 & 12) are DENIED;
(5) Plaintiff's Motion to Strike (ECF No. 86) is DENIED; and
(6) Plaintiff's Supplemental Motion for a Temporary Restraining Order and Preliminary Injunction (ECF No. 55) is DENIED.
An appropriate scheduling order shall follow.
AND IT IS SO ORDERED.