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05-287 - Owens v. Miller et al (INMATE1)


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05-287 - Owens v. Miller et al (INMATE1)
June 26, 2007
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REPORT AND RECOMMENDATIONS of the Magistrate Judge that: 1) The plf's request for criminal prosecution of the dfts be dismissed pursuant to the directives of 28 USC 1915(e)(2)(B)(i); 2) The 13 MOTION for Summary Judgment filed on behalf of dft James Deloach be GRANTED and the claims lodged against this dft be DISMISSED with prejudice; 3) Dft DeLoach be DISMISSED as a party to this cause of action; 4) The 13 Motion for Summary Judgment as to the claims against dfts Miller, Philyaw, Rudolph, Shuford, and Sanders in their official capacities be GRANTED and such claims DISMISSED with prejudice; 5) The 13 Motion for Summary Judgment with respect to the plf's excessive force claims against dfts Miller, Philyaw, Rudolph, Shuford, and Sanders in their official capacities be DENIED; 6) The plf's excessive force claims against dfts Miller, Philyaw, Rudolph, Shuford, and Sanders in their official capacities be set for an evidentiary hearing; Objections to R&R due by 7/9/2007. Signed by Judge Susan Russ Walker on 6/26/2007. (wcl, )
July 17, 2007
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ORDER, JUDGMENT and DECREE of the court that: 1) The 18 Recommendation of the Magistrate Judge is adopted; 2) The plf's request for criminal prosecution of the dfts is DISMISSED pursuant to the directives of 28 USC 1915(e)(2)(B)(i); 3) The 13 Motion for Summary Judgment filed on behalf of dft James DeLoach is GRANTED and the claims lodged against this dft are DISMISSED with prejudice; 4) Dft DeLoach is DISMISSED as a party to this cause of action; 5) The 13 Motion for Summary Judgment as to the claims against dfts Miller, Philyaw, Rudolph, Shuford and Sanders in their official capacities is GRANTED and such claims are DISMISSED with prejudice; 6) The 13 Motion for Summary Judgment with respect to the plf's excessive force claims against dfts Miller, Philyaw, Rudolph, Shuford and Sanders in their individual capacities is DENIED; 7) The plf's excessive force claims against dfts Miller, Philyaw, Rudolph, Shuford and Sanders in their individual capacities will be set for an evidentiary hearing. Signed by Judge Mark E. Fuller on 7/17/2007. (Attachments: # (1) civil appeals checklist)(wcl, )
June 11, 2008
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MEMORANDUM OPINION AND ORDER denying as moot the ORAL MOTION by dfts for Judgment as a Matter of Law on Partial Findings made at the close of Owens' case in chief. Signed by Hon. Chief Judge Mark E. Fuller on 6/11/2008. (wcl, )
June 11, 2008
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FINAL JUDGMENT, it is the ORDER, JUDGMENT and DECREE of the Court as follows: (1) With respect to all claims in this action, judgment is ENTERED in favor of Dfts and against Plf Reginald A. Owens, with Plf taking nothing by his claims; (2) Costs are TAXED against Plf Reginald Owens, for which execution may issue; (3) DIRECTING the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP and to close this file. Signed by Hon. Chief Judge Mark E. Fuller on 6/11/2008. (Attachments: # (1) civil appeals checklist) (wcl, )