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16-345 - Cole v. Counts et al (INMATE 1)


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16-345 - Cole v. Counts et al (INMATE 1)
June 1, 2016
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REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) the plf's claims challenging the revocation of probation and the sentence imposed by the trial court upon such revocation be dismissed without prejudice prior to service of process in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(ii); (2) Judge Sharon R. Clark and Probation Officer Jared McPhaul be dismissed as defs in this cause of action; (3) the plf's claim seeking prosecution of def Counts for tampering with his mail be dismissed with prejudice pursuant to the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(i); (4) The plfs claim that def Counts tampered with his legal mail in violation of his constitutional right of access to the court be referred back to the undersigned for further proceedings; Objections to R&R due by 6/15/2016. Signed by Honorable Judge Wallace Capel, Jr on 6/1/16. (djy, )
June 20, 2016
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ORDER directing as follows: (1) plf's 6 objections are OVERRULED; (2) the 5 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; (3) Plfs claims challenging the revocation of probation and the sentence imposed by the trial court upon such revocation are DISMISSED withoutprejudice prior to service of process in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(ii); (4) (4) Judge Sharon R. Clark and Probation Officer Jared McPhaul are DISMISSED as defendants in this action; (5) Plfs claim seeking prosecution of Defendant Counts for tampering with his mail is DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i); and (6) Plfs claim that Defendant Counts tampered with his legal mail in violation of his constitutional right of access to the court is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 6/20/16. (Attachments: # (1) civil appeals checklist)(djy, )
February 13, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE re 1 Inmate 1983 Complaint, filed by Gordon Cole, Sr., that this case be dismissed without prejudice for failure of the plaintiff to comply with the orders of this court and his failure to properly prosecute this action.Objections to R&R due by 2/27/2017. Signed by Honorable Judge Wallace Capel, Jr on 2/13/2017. (dmn, )
March 22, 2017
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ORDER directing as follows: (1) the 9 Report and Recommendation of the Magistrate Judge is ADOPTED; and (2) this case is DISMISSED without prejudice for plf's abandonment of the case and failure to comply with court orders. Signed by Chief Judge William Keith Watkins on 3/22/17. (djy, )