Hubbs

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES

Pursuant to 28 U.S.C. Section 636 , the Court has reviewed the complaint along with the attached Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, and has made a de novo determination.

IT IS ORDERED that (1) the Report and Recommendation is approved and adopted; (2) defendants’ Rule 12(e) motion for a more definite statement is denied; (3) defendants’ motion is granted under Rule 12(b)(6) to dismiss without prejudice Claims 1a, 1c. 1d, 2b and 3 under Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994); (4) defendant Penrod’s motion under Rule 12(b)(6) to dismiss Claim li against him in his individual capacity is granted; (5) defendants’ motion under Rule 12(b)(6) to dismiss Claims le, If, lg, lh and 2a is denied; and (6) defendants’ motion under Rule 12(b)(6) to dismiss Claims lb, li and l(j) is granted, albeit with leave to amend, and plaintiff shall, if he chooses to pursue these claims, file a Second Amended Complaint amending these claims and raising only these claims and Claims le, If, lg, lh and 2a, or, in the alternative, if he chooses not to pursue these claims,…