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15-550 - Baisden v. Corizon Health Services et al (INMATE 1)


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15-550 - Baisden v. Corizon Health Services et al (INMATE 1)
August 14, 2015
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REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) the 6 MOTION for Preliminary Injunction be DENIED; (2) this case be referred back to the undersigned for additional proceedings; Objections to R&R due by 8/28/2015. Signed by Honorable Judge Wallace Capel, Jr on 8/14/15. (djy, )
September 4, 2015
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ORDERED that the 8 Recommendation is ADOPTED, that Plf's 6 motion for preliminary injunction is DENIED, and that this action is REFERRED back to the Magistrate Judge for additional proceedings. Signed by Chief Judge William Keith Watkins on 9/4/2015. (wcl, )
October 20, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE: The Court deems it appropriate to treat the reports filed by the defendants as motions to dismiss with respect to the exhaustion defense. Thus, this case is now pending on the defendants' motions to dismiss. It is the RECOMMENDATION of the Magistrate Judge that: 1. The defendants' motion to dismiss be GRANTED to the extent the defendantsseek dismissal of this case due to the plaintiffs failure to properly exhaust an administrative remedy available to him at the Staton Correctional Facility prior to initiating this cause of action. 2. This case be dismissed without prejudice in accordance with the provisions of 42 U.S.C. ยง 1997e(a) for the plaintiffs failure to properly exhaust an administrative remedy before seeking relief from this court. 3. No costs be taxed herein. Objections to R&R due by 11/4/2016. Signed by Honorable Judge Terry F. Moorer on 10/20/2016. (dmn, )
November 16, 2016
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ORDER as follows: (1) The 51 Recommendation is ADOPTED. (2) Defendants' motion to dismiss is GRANTED to the extent Defendants seek dismissal of this action based upon Plaintiff's failure to properly exhaust an administrative remedy available to him at the Staton Correctional Facility prior to initiating this cause of action. (3) This action is DISMISSED without prejudice under 42 U.S.C. 1997e(a) for Plaintiff's failure to properly exhaust an administrative remedy before seeking relief from this court. (4) No costs are taxed. A final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 11/16/2016.