Lewis

ORDER: (1) ADOPTING IN PART AND REJECTING IN PART MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION; (2) GRANTING DEFENDANT JONES’ MOTION TO DISMISS; (3) GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS.

[Doc. Nos. 6, 11]

I.

INTRODUCTION

Pending before this Court are a motion by Defendant Jones to dismiss Plaintiffs complaint pursuant to Fed.R.Civ.P. 12(b)(6), and another motion by the remaining state Defendants to dismiss Plaintiffs complaint based on various legal grounds. Plaintiff has filed an opposition to both motions. State Defendants filed a reply to Plaintiffs opposition. The motion was referred to a United States Magistrate Judge, pursuant to 28 U.S.C § 636(b)(1)(B) and Civ. L.R. 72.3, for a Report and Recommendation (“R & R”). The Magistrate Judge found the issues appropriate for decision on the papers and without oral argument pursuant to Civ. L.R. 7.1(d)(1).

On July 11, 2005, the Magistrate Judge issued her R & R. The State Defendants filed objections to the R & R on August 5, 2005; Plaintiff filed objections to the R & R on August 9, 2005; and Defendant Jones filed a reply to Plaintiffs objections on August 19, 2005. Plaintiff filed a reply to…