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13-450 - Mosley v. Jones et al (INMATE 1)


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13-450 - Mosley v. Jones et al (INMATE 1)
August 15, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE: The court deems it appropriate to treat the defendants' 23 Special Report as a Motion for Summary Judgment. It is the RECOMMENDATION of the Magistrate Judge that: 1. The defendant's 23 Motion for Summary Judgment be GRANTED in part and DENIED in part as further set out in the recommendation. Objections to R&R due by 9/5/2016. Signed by Honorable Judge Gray M. Borden on 8/15/2016. (dmn, )
September 28, 2016
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OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 9/28/2016. (dmn, )
September 28, 2016
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JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The plaintiff's 48 Objections are overruled. (2) The United States Magistrate Judge's 47 Recommendation is adopted. (3) Defendants' 23 Motion for Summary Judgment is denied with respect to the claims against defendants Dominic Jones (referred to in the original complaint as "Jones Dominic"), Larry Peavy, Christopher Scott, Timmy Adkinson, Kelvin Teal, and Marvin Scaife for use of excessive force and failure to protect. (4) Defendants 23 Motion for summary judgment is granted with respect to the claims for monetary damages against all defendants in their official capacities. (5) Defendants 23 Motion for summary judgment is granted with respect to all claims against defendants Nathaniel Lawson, Shawn Logan, Larry Anglin, Derrick Carter, Sherry Lightner, Brian Mitchell, Bobby Lingo, and the Central Review Board, with plaintiff taking nothing by his complaint against these defendants and these defendants terminated as parties to this case. It is further ORDERED that no costs are taxed. The clerk of court is DIRECTED to correct the docket to reflect that the correct name of the defendant listed as Jones Dominic is Dominic Jones.This case is not closed, and is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 9/28/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
November 16, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Judgment be entered in favor of the defendants and against the plaintiff. 2. This case be DISMISSED with prejudice. 3. Costs be taxed against the plaintiff for which execution may issue. Objections to R&R due by 11/30/2016. Signed by Honorable Judge Gray M. Borden on 11/16/2016. (dmn, )
November 16, 2016
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ORDER ON MOTION: At the close of testimony presented by the plaintiff during the evidentiary hearing held in this case on 11/3/2016, counsel for the defendants made an oral motion for judgment as a matter of law on the basis of the plaintiffs failure to present evidence in support of the failure-to-protect claims lodged against the defendants, and subsequently renewed this motion. The court took these motions under advisement. Upon consideration of the defendants motion for judgment as a matter of law and their renewed motion for judgment as a matter of law, the court deems the requested actionto be procedurally improper in as much as Federal Rule of Civil Procedure 50 provides an avenue for judgment as a matter of law only in the context of a jury trial. See FRCP 50(a)(1). It is therefore ORDERED that the oral motions are hereby DENIED. Signed by Honorable Judge Gray M. Borden on 11/16/2016. (dmn, )
January 12, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 1/12/2017. (wcl, )
January 12, 2017
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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The plf's 65 objections are overruled; (2) The US Magistrate Judge's 60 recommendation is adopted; (3) Judgment is entered in favor of dfts and against plf, with plf taking nothing by his complaint; further ORDERED that costs are taxed against plf, for which execution may issue; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 1/12/2017. (Attachments: # (1) Civil Appeals Checklist) (wcl, )