Rupe v. Cate

ORDER GRANTING AND DENYING IN PART DEPENDANTS’ MOTION TO DISMISS AND GRANTING DEFENDANTS’ MOTION TO STRIKE

EDWARD F. SHEA, District Judge.

Before the Court, without oral argument, are Defendants’ Motion to Dismiss (Ct.Rec.33) and Motion to Strike (Ct. Rec.3J). Plaintiff filed his Prisoner Civil Rights Complaint on October 16, 2008. Defendants filed the motions under consideration on August 10, 2009. For the reasons stated below, the Court grants and denies in part Defendants’ Motion to Dismiss with prejudice in part and without prejudice in part, and grants Defendants’ Motion to Strike.

I.…