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06-010 - Davis v. Bryant et al (INMATE1)


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06-010 - Davis v. Bryant et al (INMATE1)
January 6, 2006
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ORDERED that on or before 1/26/06 the plaintiff shall forward to the Clerk of court the $250.00 filing fee; Ordered except to the extent that payment is required under this order the plaintiff's 2 motion for leave to proceed in forma pauperis is granted. The plaintiff is advised that it is his responsibility to submit the appropriate paperwork to the prison account clerk for transmission of his funds to this court for payment of the filing fee. Filing Fee due by 1/26/2006. Signed by Judge Delores R. Boyd on 1/6/06. (sl, )
January 6, 2006
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RECOMMENDATION of the Magistrate Judge that the 1 MOTION for Preliminary Injunction filed by Ricky Wade Davis be denied. Objections to R&R due by 1/18/2006. Signed by Judge Delores R. Boyd on 1/6/06. (sl, )
January 23, 2006
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ORDER denying 8 Motion for Appointment of Counsel . Signed by Judge Delores R. Boyd on 1/23/2006. (cc, )
January 30, 2006
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ORDERED that: (1) the plaintiff's 7 objection to the 6 RECOMMENDATION of the Magistrate Judge is overruled; (2) the 6 Recommendation is adopted; (3) the plaintiff's 1 Motion for Preliminary Injunction is denied. This case is referred back to the Magistrate Judge for appropriate proceedings. Signed by Judge Mark E. Fuller on 1/30/06. (sl, )
March 6, 2006
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ORDER granting 16 Motion for Leave to Amend; directing the Clerk to docket the attachment to motion as an amendment to the complaint . Signed by Judge Delores R. Boyd on 3/6/06. (cb, )
June 1, 2006
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ORDER denying 28 Motion for Appointment of Counsel as further set out in order. Signed by Judge Delores R. Boyd on 6/1/06. (sl, )
February 22, 2008
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RECOMMENDATION of the Magistrate Judge that: (1) the 45 motion to dismiss be granted; (2) the plaintiff's claims against defendants Campbell, Mosley, Baxley, Floyd, Williams, Prison Health Services, Inc., McKinley, Sconyers and Allen be dismissed with prejudice; (3) defendants Campbell, Mosley, Baxley, Floyd, Williams, Prison Health Services, Inc., McKinley, Sconyers and Allen be dismissed from this cause of action; (4) the plaintiff's claims against the remaining defendant, Sgt. Robert Bryan, be referred back to the magistrate Judge for additional proceedings. Objections to R&R due by 3/6/2008. Signed by Judge Terry F. Moorer on 2/22/08. (sl, )
March 13, 2008
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ORDERED as follows; (1) the 46 Recommendation of the Magistrate Judge is adopted; (2) the 45 motion to dismiss filed by the plaintiff is granted; (3) the plaintiff's claims against defendants Campbell, Mosley, Baxley, Floyd, Williams, Prison Health Services, Inc., McKinley, Sconyers and Allen are dismissed with prejudice; (4) the plaintiff's claims against the remaining defendants, Sgt. Robert Bryant is referred back to the Magistrate Judge for additional proceedings. Signed by Judge Mark E. Fuller on 3/13/08. (Attachments: # (1) Civil Appeals Checklist)(sl, )
March 14, 2008
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RECOMMENDATION of the Magistrate Judge that: (1) the motion for summary judgment with respect to the plaintiff's excessive force claim against defendant Bryant in his official capacity be granted and such claim be dismissed with prejudice as the defendant is entitled to absolute immunity on any such claim; (2) the motion for summary judgment as to the plaintiff's excessive force claim against defendant Bryant in his individual capacity be denied; (3) the plaintiff's excessive force claim against defendant Bryant in his individual capacity arising from the alleged 12/30/05 physical altercation be set for a jury trial. Objections to R&R due by 3/27/2008. Signed by Judge Terry F. Moorer on 3/14/08. (sl, )
March 28, 2008
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ORDERED that: (1) the plaintiff's 49 objection to the Recommendation of the Magistrate Judge is overruled; (2) the 48 Recommendation of the Magistrate Judge is adopted; (3) the motion for summary judgment with respect to the plaintiff's excessive force claim against defendant Bryant in his official capacity is granted and such claim is dismissed with prejudice and the defendant is entitled to absolute immunity on any such claim; (4) the motion for summary judgment as to plaintiff's excessive force claim against defendant Bryant in his individual capacity is denied; (5) the plaintiff's excessive force claim against defendant Bryant in his individual capacity arising from the alleged 12/30/05 physical altercation will be set for trial. Signed by Judge Mark E. Fuller on 3/28/08. (sl, )
December 12, 2008
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FINAL JUDGMENT that this case is dismissed in its entirety with prejudice, each party to bear their own costs and expenses. The Clerk is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Hon. Chief Judge Mark E. Fuller on 12/12/08. (Attachments: # (1) Civil Appeals Checklist) (Term: JS/JT-1/12/09)(sl, )