Tanney v. Boles

ORDER

ROBERTS, District Judge.

I. INTRODUCTION

This matter is before the Court on Plaintiffs Motion for Summary Judgment (Doc. # 44)and Defendant Boles’ Motion to Dismiss and for Summary Judgment (Doc. # 45). Plaintiffs motion is DENIED. Defendant’s Motion for Summary Judgement is DENIED and Defendant’s Motion to Dismiss is GRANTED IN PART and DENIED IN PART. The Plaintiff is allowed to amend his complaint to clarify the capacities under which Defendant is sued and the forms of relief requested.

II. BACKGROUND

Plaintiff Gene Tanney is currently an inmate at the Federal Correctional Institution…