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13-226 - Hatcher v. Wynne et al (INMATE 1)


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13-226 - Hatcher v. Wynne et al (INMATE 1)
April 17, 2013
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REPORT AND RECOMMENDATION of the Mag Judge that: (1) The request for monetary damages be dismissed under 28 U.S.C. 1915 (e)(2)(B)(iii) as the defendants are entitled to immunity from such damages; (2) The claims arising from actions/decisions which occurred on or before April 8, 2011 be dismissed with prejudice pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i)due to the plaintiff's failure to file the complaint within the time prescribed by the applicable period of limitation; (3) The discrimination claim be summarily dismissed in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) because the mere differential treatment of inmates does not violate the Constitution; Objections to R&R due by 5/1/2013. Signed by Honorable Judge Wallace Capel, Jr on 4/17/13. (djy, )
May 17, 2013
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ORDER directing that, after an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The plaintiff's 5 objection to the Recommendation of the Magistrate Judge is overruled; (2) The 4 Recommendation of the Magistrate Judge is adopted; (3) The request for monetary damages is dismissed under 28 U.S.C. § 1915(e)(2)(B)(iii) as the defendants are entitled to immunity from such damages. (4) The claims arising from actions/decisions which occurred on or before April 8, 2011 are dismissed with prejudice pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(i) due to the plaintiff's failure to file the complaint within the time prescribed by the applicable period of limitation; (5) The discrimination claim is summarily dismissed in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) because the mere differential treatment of inmates does not violate the Constitution; (6) This case is referred back to the Magistrate Judge for appropriate orders or recommendations on plaintiff's remaining claims. Signed by Honorable Judge Truman M. Hobbs on 5/17/13. (scn, )
June 19, 2013
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ORDER OVERRULING plaintiff's 20 Objection; further ORDERING that this case is REFERRED back to the Mag Judge for appropriate action. Signed by Honorable Judge Truman M. Hobbs on 6/19/13. (djy, )
April 8, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The defendants' motion for summary judgment be GRANTED. 2. Judgment be GRANTED in favor of the defendants. 3. This case be DISMISSED with prejudice. 4. The costs of this proceeding be taxed against the plaintiff. Objections to R&R due by 4/22/2016. Signed by Honorable Judge Wallace Capel, Jr on 4/8/2016. (kh, )
May 2, 2016
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ORDER re 35 Recommendation of the Magistrate Judge filed on April 8, 2016. There being no timely objection to the Recommendation, and after a de novo review of the file, the Recommendation is ADOPTED, and it is hereby ORDERED as follows: 1. The defendants' Motion for Summary Judgment is GRANTED.2. Judgment is GRANTED in favor of the defendants. 3. This case is DISMISSED with prejudice. 4. Costs are taxed against the plaintiff. 5. Final Judgment will be entered in accordance with this order. Signed by Honorable Judge W. Harold Albritton, III on 5/2/2016. (kh, )