Brooks

ORDER GRANTING WITH PREJUDICE DEFENDANTS’ MOTION TO DISMISS AND DENYING PLAINTIFF’S MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND RULE 60(b)(3) RELIEF

On October 12, 2004, Plaintiff Steven D. Brooks, state prisoner proceeding pro se and in forma pauperis, brought this case pursuant to 42 U.S.C. § 1983 . (Doc. No. 1.) Plaintiff filed a second amended complaint on January 6, 2006. (Doc. No. 43.) Also on January 6, 2006, Plaintiff filed a motion for partial summary judgment. (Doc. No. 38.)

On March 13, 2006, Defendants filed a motion to dismiss the second amended complaint and to strike Plaintiffs prayer for punitive damages and attorney’s fees under Federal Rule of Civil Procedure 12(f). (Doc. No. 49.) On April 4, 2006, Plaintiff filed a motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b)(3). (Doc. No. 56.) The Magistrate Judge issued a report and recommendation on May 9, 2006. (Doc. No. 68.) On May 26, 2006, Plaintiff filed objections to the report and recommendation. (Doc. No. 70.) Defendants filed a reply on June 23, 2006. (Doc. No. 73.) For the reasons stated below, the Court GRANTS with prejudice Defendants’ motion to dismiss and DENIES Plaintiffs…