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13-705 - Carey v. Whitley (INMATE 2)


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13-705 - Carey v. Whitley (INMATE 2)
October 4, 2013
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1) The 1 Motion for Preliminary Injunction filed by Plf be DENIED; and 2) This case be referred back to the undersigned for additional proceedings; Objections to R&R due by 10/18/2013. Signed by Honorable Judge Wallace Capel, Jr on 10/4/2013. (wcl, )
October 24, 2013
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REPORT AND RECOMMENDATIO of the Magistrate Judge that plaintiff's 16 MOTION to Certify Class as a class action be DENIED; Objections to R&R due by 11/7/2013. Signed by Honorable Judge Wallace Capel, Jr on 10/24/13. (djy, )
October 24, 2013
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REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) plaintiff's 17 MOTION to Dismiss defendant Boyd be GRANTED; (2) Defendant Boyd be DISMISSED with prejudice as a party to this complaint; and (3) this case with respect to the remaining defendants be referred back to the undersigned for additional proceedings; Objections to R&R due by 11/7/2013. Signed by Honorable Judge Wallace Capel, Jr on 10/24/13. (djy, )
November 21, 2013
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ORDER ADOPTING 19 REPORT AND RECOMMENDATION of the Magistrate Judge; denying 16 Motion to Certify Class; and this case is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Truman M. Hobbs on 11/21/13. (Attachments: # (1) civil appeals checklist)(djy, )
November 21, 2013
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ORDER ADOPTING 20 REPORT AND RECOMMENDATION of the Mag Judge ; directing that plaintiff's 17 Motion to Dismiss defendant Boyd is granted; Defendant Boyd is dismissed with prejudice as a party to this complaint; and this case is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Truman M. Hobbs on 11/21/13. (Attachments: # (1) civil appeals checklist)(djy, )
November 21, 2013
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ORDER 7 ADOPTING REPORT AND RECOMMENDATION of the Magistrate Judge; ORDERING that the 1 motion for preliminary injunction is DENIED; and this case is referred back to the Mag Judge for additional proceedings. Signed by Honorable Judge Truman M. Hobbs on 11/21/13. (Attachments: # (1) civil appeals checklist)(djy, )
November 17, 2014
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OPINION AND ORDER: it is ORDERED that: (1) The 78 motion to dismiss plf's due-process claim regarding the 8/23/2013, disciplinaries is granted; (2) Plf's due-process claim is dismissed without prejudice; and (3) This case is referred back to the magistrate judge for additional proceedings. Signed by Honorable Judge Myron H. Thompson on 11/17/2014. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
August 18, 2016
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REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) plf's 1 request for equitable relief be DISMISSED as moot; (2) the 23 & 66 MOTIONS to Dismiss by defs Saddiq and Moore be GRANTED to the extent these defs seeks dismissal of this case due to plf's failure to properly exhaust an administrative remedy prior to filing this case; (3) this case be DISMISSED with prejudice against defs Siddiq and Moore under 42 USC 1997e(a) for plf's failure to exhaust an administrative remedy; (4) defs' Thomas's, Randolph's, King's, Mason's, Jenkins's and Jackson's 34 & 65 MOTIONS for Summary Judgment be GRANTED; (5) Def Whitley's 34 motion for summary judgment regarding the claim for monetary damages lodged against him in his official capacity be GRANTED as this Def is entitled to absolute immunity from this claim; (6) Def Whitley's 34 motion for summary judgment regarding Plf's Eighth Amendment excessive force claim lodged against him in all aspects of his individualcapacity be DENIED; (7) This case be set for a set for a jury trial before the District Judge assigned to this case on Plf's excessive force claim against Def Whitley his individual capacity; Objections to R&R due by 8/31/2016. Signed by Honorable Judge Wallace Capel, Jr on 8/18/16. (djy, ) (Additional attachment(s) added on 8/19/2016: # (1) Substituted page 1 pursuant to 84 order) (djy, ).
September 30, 2016
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ORDER as follows: (1) the 83 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; (2) plf's 1 request for equitable relief is DISMISSED as moot; (3) the 23 & 66 Motions to Dismiss by defs Siddiq and Moore is GRANTED and the case is DISMISSED with prejudice against these defendants under 42 USC 1997e(a) for plf's failure to exhaust administrative remedies; (4) the 34 & 65 Motions for Summary Judgment by defs Thomas, Randolph, King, Mason, Jenkins, and Jackson are GRANTED; (5) def Whitley's 34 motion for summary judgment regarding the claim for monetary damages lodged against him in his official capacity is GRANTED; and (6) def Whitley's 34 motion for summary judgment regarding plf's eighth amendment excessive-force claim lodged against him in his individual capacity is DENIED. Signed by Chief Judge William Keith Watkins on 9/30/16. (Attachments: # (1) civil appeals checklist)(djy, )