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13-417 - Fuller v. Nearer et al (INMATE 2)


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13-417 - Fuller v. Nearer et al (INMATE 2)
July 9, 2013
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Plaintiff's § 1983 claims of inadequate medical care and treatment against Defendants Merrit, Harris, Slader, Blair, Donaldson, and McCall be DISMISSED with prejudice as further set out; 2. Plaintiff's failure to protect/breach of duty claim against Defendant Eaver be DISMISSED with prejudice as further set out; 3. Plaintiff's verbal abuse claim against Defendant Davis be DISMISSED with prejudice as further set out; 4. Plaintiff's access to courts claim against Defendant Eastwood be DISMISSED with prejudice as further set out; (WITHDRAWN PURSUANT TO 15 ORDER 5. Defendants Merrit, Eaver, Harris, Slader), Blair, Donaldson, McCall, Davis, and Eastwood be DISMISSED as parties to the complaint; 6. This case with respect to Plaintiff's complaint against Defendants Talley, Nearer, Grant, and Fleeton be referred back to the undersigned for further proceedings Objections to R&R due by 7/24/2013. Signed by Honorable Judge Terry F. Moorer on 7/9/2013. (jg, ) Modified on 8/2/2013 (jg, ).
October 7, 2013
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ORDER: 1. The plaintiff's objection 13 filed on July 26, 2013 to the Recommendation of the Magistrate Judge is overruled; 2. The Recommendation of the Magistrate Judge 6 filed on July 9, 2013 is adopted; 3. Plaintiff's § 1983 claims of inadequate medical care and treatment against Defendants Blair, Donaldson, and McCall are DISMISSED with prejudice prior to service as further set out; 4. Plaintiff's verbal abuse claim against Defendant Davis is DISMISSED with prejudice prior to service of process as further set out; 5. Plaintiff's access to courts claim against Defendant Eastwood is DISMISSED as further set out; 6. Defendants Blair, Donaldson, McCall, Davis, and Eastwood are DISMISSED as parties to the complaint; 7. This case with respect to Plaintiff's complaint against the remaining defendants is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Truman M. Hobbs on 10/7/2013. (jg, )
May 23, 2014
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1) Plf's complaint and amendment thereto against Dfts Turner, Washington, and Phelps be DISMISSED under 28 USC § 1915(e)(2)(B)(ii); 2) Dfts Turner, Washington, and Phelps be DISMISSED as parties to the complaint; 3) This case be referred back to the undersigned for further proceedings; Objections to R&R due by 6/9/2014. Signed by Honorable Judge Terry F. Moorer on 5/23/2014. (wcl, )
July 8, 2014
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OPINION AND ORDER: it is ORDERED and ADJUDGED that the 54 Recommendation of the Magistrate Judge be and is hereby ADOPTED; that the Plf's claims against Dfts Turner, Washington, and Phelps are DISMISSED pursuant to 28 USC § 1915(e)(2)(B)(ii); that these parties are DISMISSED as parties to this cause of action; and the Plf's claims against the remaining dfts are referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Mark E. Fuller on 7/8/2014. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
August 4, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) Dfts' 25, 27, & 39 motions for summary judgment be GRANTED; 2) Plf's supplemental state law claims DISMISSED without prejudice; 3) This case be DISMISSED with prejudice; 4) Judgment be ENTERED in favor of Dfts; 5) Costs be taxed against Plf; Objections to R&R due by 8/22/2016. Signed by Honorable Judge Terry F. Moorer on 8/4/2016. (wcl, )
September 12, 2016
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(WITHDRAWN PURSUANT TO THE COURT'S 66 ORDER) OPINION AND ORDER: it is ORDERED and ADJUDGED that the 60 Recommendation of the Magistrate Judge be and is hereby ADOPTED, and this case is hereby DISMISSED as follows: 1) Dfts' 25, 27, and 39 motions for summary judgment are GRANTED; 2) Plf's supplemental state law claims are DISMISSED without prejudice; 3) This case is DISMISSED with prejudice; 4) Judgment is ENTERED in favor of Dfts and against the Plf; 5) Costs are taxed against Plf. Signed by Honorable Judge W. Harold Albritton, III on 9/12/2016. (wcl, ) Modified on 9/13/2016 (wcl, ).
November 16, 2016
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ORDERED as follows: 1) Plf's 69 Objection is OVERRULED; 2) The court adopts the 60 Recommendation of the Magistrate Judge; 3) Dft's 25, 27, & 39 Motions for Summary Judgment are GRANTED; 4) Plf's federal law claims are DISMISSED with prejudice; 5) The court declines to exercise supplemental jurisdiction over the Plf's state law claims and they are DISMISSED without prejudice; 6) Judgment will be entered in favor of the Dfts and against the Plf. Signed by Honorable Judge W. Harold Albritton, III on 11/16/2016. (wcl, )