FAIRCLOTH v. TIMME

Civil Action No. 12-cv-03317-REB-KLM.

JAMES FAIRCLOTH, Plaintiff, v. RAE TIMME, Warden, in her official and individual capacities, GARY MORGAN, Mental Health Clinician/Designee, in his official and individual capacities, BERNES, Chief Mental Health Clinician/Designee, in her official and individual capacities, GARCIA, Mental Health Clinician/Designee, in her official and individual capacities, JACQUELINE MCCALL, Administrative Head/Designee, in her official and individual capacities, JOSEPH GIGANTI, Captain, in his official and individual capacities, UNKNOWN GRAVEYARD DUTY OFFICER AT F.C.F, in his official and individual capacities, UNKNOWN F.C.F. CELLHOUSE 5 CORRECTIONAL OFFICERS, in their official and individual capacities, MARQUEZ, Correctional Officer, in his official and individual capacities, UNKNOWN F.C.F. HEALTH SERVICES ADMINISTRATOR, in their official and individual capacities, TOM BENEZE, Lt., in his official and individual capacities, VIOLA, Sgt., in his official and individual capacities, MILLER, Mailroom Correctional Officer, in her official and individual capacities, and LINDA WORTHEN, Lt., in her official and individual capacities, Defendants.

United States District Court, D. Colorado.

February 28, 2014.


Attorney(s) appearing for the Case

James Faircloth, Plaintiff, Pro Se.

Rae (I) Timme, in her individual capacity, Defendant, represented by James Xavier Quinn , Colorado Attorney General's Office.

Gary (I) Morgan, in his individual capacity, Defendant, represented by James Xavier Quinn , Colorado Attorney General's Office.

(I) Bernes, in her individual capacity, Defendant, represented by James Xavier Quinn , Colorado Attorney General's Office.

Jacqueline (I) McCall, in her individual capacity, Defendant, represented by James Xavier Quinn , Colorado Attorney General's Office.

Joseph (I) Giganti, in his individual capacity, Defendant, represented by James Xavier Quinn , Colorado Attorney General's Office.

Marquez, Correctional Officer, in his official capacity, Defendant, represented by James Xavier Quinn , Colorado Attorney General's Office.

Marquez (I), in his individual capacity, Defendant, represented by James Xavier Quinn , Colorado Attorney General's Office.

Tom Beneze, Lt., in his official capacity, Defendant, represented by James Xavier Quinn , Colorado Attorney General's Office.

Tom Beneze (I), in his individual capacity, Defendant, represented by James Xavier Quinn , Colorado Attorney General's Office.

Viola (I), in his individual capacity, Defendant, represented by James Xavier Quinn , Colorado Attorney General's Office.

Miller (I), in her individual capacity, Defendant, represented by James Xavier Quinn , Colorado Attorney General's Office.

Linda (I) Worthen, in her individual capacity, Defendant, represented by James Xavier Quinn , Colorado Attorney General's Office.


RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

KRISTEN L. MIX, Magistrate Judge.

This matter is before the Court on Defendants' Motion to Dismiss Plaintiff's Second Amended Prisoner Complaint [#34] (the "Motion").1 Plaintiff, who is proceeding pro se, filed a Response [#45] in opposition to the Motion on July 31, 2013. Pursuant to 28 U.S.C. § 636(b)(1) and D.C.COLO.LCivR 72.1(c)(3), the Motion...

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