Summary
finding that prisoner's allegations, arising from placement in segregated housing, did not plausibly suggest atypical and significant hardship for purposes of due process claim, and but that his allegations-arising from same placement in segregated housing- did plausibly suggest that defendants took adverse action against him because he engaged in protected activity for purposes of retaliation claim
Summary of this case from Groves v. StateOpinion
2:07CV00102 SWW/HDY.
December 5, 2007
ORDER
The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge H. David Young and the objections and "statement of necessity" filed by plaintiff. After carefully considering the objections and statement, and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED that:
1) Defendants' Motion to Dismiss (docket entry #15) is GRANTED IN PART, DENIED IN PART;
2) Defendants' request to dismiss Plaintiff's allegations of violations of due process is GRANTED;
3) Plaintiff will be allowed to proceed with his 42 U.S.C. § 1983 retaliation claims against the Defendants; and
4) Plaintiff shall be appointed counsel and this matter will be set for trial by separate order.