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Jackson v. Harrison

September 28, 2010

CHRISTOPHER T. JACKSON, PLAINTIFF,
v.
C.M. HARRISON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Honorable David O. Carter United States District Judge

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, all documents filed in connection with the pending Motions to Dismiss the Complaint and Motions to Strike (collectively "Defendants' Motions") and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge.*fn1

IT IS HEREBY ORDERED:

(1) Defendants' Motions are granted in part and denied in part;

(2) The conspiracy claim

(a) is dismissed with prejudice as time-barred to the extent it is predicated on Overt Acts 1-11 and 15; and

(b) is dismissed without prejudice as unexhausted as to the remaining portions of the claim;

(4) The First Amendment retaliation claim

(a) is dismissed without prejudice as unexhausted to the extent it is predicated on the June Search and the Package Incident;

(b) is dismissed as against all Moving Defendants with leave to amend to the extent it is predicated on the Priest Confrontation Incident and the Dozier Podium Incident; and

(c) is dismissed as against all Moving Defendants except defendant Dozier with leave to amend to the extent it is predicated on the Dozier Search Incident;

(5) The First Amendment right to seek redress claim

(a) is dismissed with prejudice as time-barred to the extent it is predicated on the processing of the ...


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