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14-991 - Grady v. Daniels et al (INMATE 2)


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14-991 - Grady v. Daniels et al (INMATE 2)
June 19, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Defendants' motion to dismiss Grady's claim regarding denial of books based on his failure to properly exhaust administrative remedies or based on standing be DENIED. 2. Defendants' motion for summary judgment regarding claims against them in their official capacities be GRANTED. 3. Defendants' motion for summary judgment regarding Grady's claim about the books be GRANTED. 4. Defendants McKee's and Jones's motion for summary judgment regarding Grady's retaliatory transfer claim be GRANTED. 5. Defendants McKee and Jones be DISMISSED. 6. Defendant Daniels's motion for summary judgment regarding Grady's retaliatory transfer claim against him in his individual capacity be DENIED. Objections to R&R due by 7/6/2017. Signed by Honorable Judge Terry F. Moorer on 6/19/2017.(kh, )
August 7, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 8/7/2017. (kh, )
August 7, 2017
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JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The recommendation of the United States Magistrate Judge (doc. no. 41) is adopted. (2) Defendants Leeposey Daniels, Charles McKee, and Althea Joness motion to dismiss (doc. no. 20) plaintiff Larry Jerome Grady's book claim, based on failure to exhaust administrative remedies and lack of standing is denied. (3) Defendants Daniels, McKee, and Jones's motion for summary judgment (doc. no. 20) is granted as to: (a) Plaintiff Grady's claims against defendants Daniels, McKee, and Jones in their official capacities; (b) Plaintiff Grady's claim against defendants Daniels, McKee, and Jones based on the denial of books; and (c) Plaintiff Grady's individual-capacity claims against defendants McKee and Jones for retaliatory transfer. (4) Defendants Daniels, McKee, and Jones's motion for summary judgment (doc. no. 20) is denied as to plaintiff Grady's retaliatory- transfer claim against defendant Daniels in his individual capacity. (5) Judgment is entered against plaintiff Grady and in favor of defendants Daniels, McKee, and Jones on plaintiff Grady's official-capacity claims and on plaintiff Grady's claim of denial of books. (6) Judgment is entered against plaintiff Grady and in favor of defendants McKee and Jones on plaintiff Grady's individual-capacity claim of retaliatory transfer. (7) Defendants McKee and Jones are terminated as parties to this action. The clerk of the court 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. This case is not closed, and will be set for a pretrial conference and a jury trial on plaintiffGradys remaining retaliatory-transfer claim against defendant Daniels. Signed by Honorable Judge Myron H. Thompson on 8/7/2017. (Attachments: # (1) Civil Appeals Checklist)(kh, )
October 2, 2017
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ORDER: Upon consideration of the plaintiff's motion for clarification (doc. no. 57) of the court's opinion and judgment (doc. nos. 44 & 45), it is ORDERED that the motion is granted. The court has ruled in favor of the defendants and against the plaintiff on his claim about the denial of books; that claim will not go to trial. However, the court ruled that that the plaintiff's First Amendment retaliation claim against defendant Leeposey Daniels can go to trial. Therefore, there will be a trial on the plaintiff's claim that, in retaliation for plaintiff's complaints about the denial of books, Warden Daniels transferred him to another prison where he could not continue with an educational program. In other words, the only claim that remains is plaintiff's retaliatory transfer claim. Signed by Honorable Judge Myron H. Thompson on 10/2/2017. (kh, )