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13-418 - Hastings v. Drake (INMATE 1)


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13-418 - Hastings v. Drake (INMATE 1)
June 18, 2013
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ORDER construing 1 Motion for Permanent Injunction as a motion for a temporary restraining order and a motion for preliminary injunction; denying 1 Motion for TRO ; further ORDERING that the 1 motion for preliminary injunction is referred to the assigned Magistrate Judge for action or recommendation on all pretrial matters. Signed by Honorable Judge Mark E. Fuller on 6/18/13. (Attachments: # (1) civil appeals checklist) (djy, )
July 8, 2013
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RECOMMENDATION OF THE MAGISTRATE JUDGE: 1) The motion for preliminary injunction filed by the plf be DENIED; and 2) This case be referred back the undersigned for additional proceedings; Objections to R&R due by 7/22/2013. Signed by Honorable Judge Wallace Capel, Jr on 7/8/2013. (wcl, )
August 5, 2013
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ORDER, JUDGMENT and DECREE of the court that: 1) The 34 Recommendation of the Magistrate Judge is ADOPTED; 2) The motion for preliminary injunction filed by the plf is DENIED and this case is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Mark E. Fuller on 8/5/2013. (wcl, )
July 26, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The defendants' 37 motion for summary judgment be GRANTED with respect to the plaintiff's claims for monetary damages lodged against them in their official capacities and these claims be DISMISSED with prejudice as the defendants are entitled to absolute immunity from such relief. 2. The defendants' motion to dismiss be GRANTED to the extent the defendants seek dismissal of the plaintiff's claims regarding his religious practices at Easterling Correctional Facility due to the plaintiff's failure to properly exhaust an administrative remedy previously available to him at this facility prior to initiating this cause of action. 3. The above referenced claims be dismissed with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for the plaintiffs failure to properly exhaust an administrative remedy previously available to him at Easterling prior to file this case. 4. The defendants' motion for summary judgment be GRANTED with respect to the plaintiff's due process, retaliation and false information claims attacking the behavior citation and these claims be DISMISSED with prejudice. 5. Kim Thomas, Gwendolyn Mosley, Kenneth Sconyers, Nathaniel Lawson and Anthony Askew be dismissed as parties. 6. The motion for summary judgment filed on behalf of Kenneth Drake be DENIED with respect to the plaintiff's claim of excessive force lodged against him in his individual capacity. 7. All claims against Kenneth Drake, with the exception of the excessive force claim lodged against this defendant in his individual capacity, be dismissed with prejudice. 8. This case be set for an evidentiary hearing on the plaintiffs surviving claim of excessive force lodged against Kenneth Drake in his individual capacity. Objections to R&R due by 8/9/2016. Signed by Honorable Judge Wallace Capel, Jr on 7/26/2016. (kh, )
August 17, 2016
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ORDERED as follows: 1. The Defendants' 37 motion for summary judgment is GRANTED with respect to the Plaintiff's claims for monetary damages lodged against them in their official capacities and these claims are DISMISSED with prejudice as the Defendants are entitled to absolute immunity from such relief. 2. The Defendants' motion to dismiss is GRANTED to the extent the Defendants seek dismissal of the Plaintiff's claims regarding his religious practices at Easterling Correctional Facility due to the Plaintiff's failure to properly exhaust an administrative remedy previously available to him at this facility prior to initiating this cause of action. 3. The above referenced claims are DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for the Plaintiff's failure to properly exhaust an administrative remedy previously available to him at Easterling prior to the filing of this case. 4. The Defendants' motion for summary judgment is GRANTED with respect to the Plaintiff's due process, retaliation and false information claims attacking the behavior citation, and these claims are DISMISSED with prejudice. 5. Kim Thomas, Gwendolyn Mosley, Kenneth Sconyers, Nathaniel Lawson and Anthony Askew are DISMISSED as parties. 6. The motion for summary judgment filed on behalf of Kenneth Drake is DENIED with respect to the Plaintiff's claim of excessive force lodged against him in his individual capacity. 7. All claims against Kenneth Drake, with the exception of the excessive force claim lodged against this Defendant in his individual capacity, are DISMISSED with prejudice. 8. No jury trial having been demanded, this case is referred back to the Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(B), for an evidentiary hearing on the Plaintiffs surviving claim of excessive force lodged against Kenneth Drake in his individual capacity, to be followed by a Report and Recommendation. Signed by Honorable Judge W. Harold Albritton, III on 8/17/2016. (kh, )
August 24, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Judgment be entered in favor of Kenneth Drake and against the plaintiff. 2. This case be DISMISSED with prejudice. 3. Costs be taxed against the plaintiff for which execution my issue. Objections to R&R due by 9/7/2016. Signed by Honorable Judge Wallace Capel, Jr on 8/24/2016. (kh, ) Modified on 10/19/2016 (kh, ).
September 13, 2016
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(VACATED AND SET ASIDE PURSUANT TO THE COURT'S 99 ORDER) ORDERED as follows: 1. The 95 Recommendation of the Magistrate Judge is ADOPTED. 2. The defendant's motion for judgment as a matter of law is GRANTED and Judgment is GRANTED in favor of defendant Kenneth Drake. 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 9/13/2016. (kh, ) Modified on 9/21/2016 (kh, ). Modified on 10/19/2016 (kh, ).
September 13, 2016
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(VACATED AND SET ASIDE PURSUANT TO THE COURT'S 99 ORDER) FINAL JUDGMENT: In accordance with the order of the court entered on this date adopting the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the court that this case is DISMISSED with prejudice. Costs are taxed against the plaintiff. The Clerk is DIRECTED to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge W. Harold Albritton, III on 9/13/2016. (Attachments: # (1) Civil Appeals Checklist)(kh, ) Modified on 9/21/2016 (kh, ).
October 19, 2016
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ORDERED as follows: 1. The Recommendation of the Magistrate Judge is ADOPTED. 2. The defendant's motion for judgment as a matter of law is GRANTED and Judgment is GRANTED in favor of defendant Kenneth Drake. 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 10/19/2016. (kh, )
October 19, 2016
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FINAL JUDGMENT: In accordance with the order of the court entered on this date adopting the Recommendation of the Magistrate Judge, it is hereby ORDERED that this case is DISMISSED with prejudice. Costs are taxed against the plaintiff. The Clerk is DIRECTED to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge W. Harold Albritton, III on 10/19/2016. (Attachments: # (1) Civil Appeals Checklist)(kh, )