Gallardo v. DiCarlo

PROCEEDINGS: ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT LORI DICARLO’S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(B)(6).

TIMLIN, District Judge.

The court, Judge Robert J. Timlin, has read and considered Warden Lori DiCarlo (“DiCarlo”)’s Motion to dismiss the First Amended Complaint (“FAC”) pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6) (“Rule 12(b)(6)”); Plaintiff Frank Gallardo (“Gallardo”)’s opposition; and Di-Carlo’s reply. Based on such consideration, the court concludes as follows:

I

BACKGROUND 1

On February 7, 2000, Gallardo, an…