Norwood

ORDER

The matters before the Court are the Motion to Dismiss Plaintiffs First Amended Complaint filed by Jeanne Woodford and Gerald Janda (Doc. # 33); the Motion to Dismiss Plaintiffs First Amended Complaint filed by Jeanne Woodford, Gerald Janda and M Bourland (Doc. #44); the Motion to Dismiss Plaintiffs First Amended Complaint filed by Jeanne Woodford, Gerald Janda, M Bourland, and J Giurbino (Doc. # 58); and the Report and Recommendation filed by Magistrate Judge Jan M. Adler (Doc. # 69).

Background

On January 8, 2007, Plaintiff Gregory Norwood, a state prisoner, initiated this action by filing a complaint (Doc. # 1). On April 16, 2007, Plaintiff filed the First Amended Complaint (“FAC”) (Doc. # 12), which is the operative pleading in this case. The FAC alleges that Defendants Woodford, Janda, Bourland and Giurbino deprived Plaintiff of outdoor exercise from November 7, 2005 to December 16, 2006, a period of 39 days, in violation of his rights as protected by the Eighth Amendment of the United States Constitution. The FAC alleges that “Defendants motives were to use the deprivation period as a means to punish Plaintiff.” FAQ p. 5. The FAC alleges that Woodford was the…