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15-375 - Thomas v. Billups et al (INMATE 2)


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15-375 - Thomas v. Billups et al (INMATE 2)
September 7, 2016
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ORDER AND REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) plf's complaint be DISMISSED without prejudice for lack of jurisdiction; (2) no costs be taxed; Objections to R&R due by 9/21/2016; ORDER DENYING plf's MOTION for appointment of Counsel. Signed by Honorable Judge Charles S. Coody on 9/7/16. (djy, )
January 4, 2017
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(VACATED PURSUANT TO THE COURT'S 16 ORDER) OPINION. Signed by Honorable Judge Myron H. Thompson on 1/4/2017. (wcl, ) Modified on 1/4/2017 (wcl, ).
January 5, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 1/5/17. (djy, )
January 5, 2017
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JUDGMENT, in acordance with the memorandum opinion, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) The plfs (13 at 5) "notification" is treated as both a motion for leave to amend and as an amendment to the complaint asserting that his being handcuffed and shackled while exercising at Limestone Correctional Facility violates the Eighth Amendment, and said motion is granted; (2) ADOPTING 14 REPORT AND RECOMMENDATION of the Magistrate Judge to the ext that plf's claims related to his time at Kilby Correctional Facility and against defWarden P. Billups are dismissed without prejudice as moot, and that defendant Billups is terminated as a party to this action; (3) plf's motion to dismiss (13 at 4) his remaining claims unrelated to exercising in handcuffs and shackles is granted, and said claims are dismissed without prejudice; (4) by 1/26/2017, plf shall inform the court whether he wishes (1) to pursue his claim that being handcuffed and shackled while exercising violates the Eighth Amendment, and (2) whether he wishes to name a new def or defs responsible for the challenged practices at the Limestone Correctional Facility, as further set out in order; this case is not closed. Signed by Honorable Judge Myron H. Thompson on 1/5/17. (Attachments: # (1) civil appeals checklist)(djy, )
January 31, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 1/31/17. (djy, )
January 31, 2017
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JUDGMENT, in accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE that this case is dismissed in its entirety without prejudice, with no costs taxed; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 1/31/17. (Attachments: # (1) civil appeals checklist)(djy, )