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FREELAND v. BALLARD

No. 2:12-CV-08712.

6 F.Supp.3d 683 (2014)

Eli Wayne FREELAND, Plaintiff, v. David BALLARD, et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

Signed March 13, 2014.

Attorney(s) appearing for the Case

Eli Wayne Freeland, Mt. Olive, WV, pro se.

James W. Marshall, III, John P. Fuller, Bailey & Wyant, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

THOMAS E. JOHNSTON, District Judge.

Pending before the Court is Defendants' motion to dismiss. [ECF No. 16]. For the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART the motion.

I. BACKGROUND

Plaintiff's Complaint, which was filed on December 10, 2012, alleges that his right to be free from cruel and unusual punishment under the Eighth Amendment was violated...

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