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15-705 - Williams v. Gams et al (INMATE 2)


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15-705 - Williams v. Gams et al (INMATE 2)
April 27, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) Plf's § 1983 complaint against Dfts Dunn and the Alabama Department of Corrections be DISMISSED with prejudice under 28 USC § 1915(e)(2)(B)(i-ii); 2) Dfts Dunn and the Alabama Department of Corrections be DISMISSED as parties to the complaint; 3) This case against the remaining dfts be referred to the undersigned for further proceedings; Objections to R&R due by 5/11/2016. Signed by Honorable Judge Gray M. Borden on 4/27/2016. (wcl, )
June 1, 2016
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OPINION. Signed by Honorable Judge Myron H. Thompson on 6/1/16. (djy, )
June 1, 2016
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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) plf's 26 Objections are overruled; (2) the 16 Report and Recommendation of the Magistrate Judge is adopted; (3) defs Alabama Department of Corrections and Commissioner Jefferson Dunn are dismissed with prejudice and terminated as parties to this action; (4) no costs are taxed; this case is not closed, and is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 6/1/16. (Attachments: # (1) civil appeals checklist)(djy, )
July 15, 2016
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OORDER directing as follows: (1) plf's two "appeal[s] to the objection" (doc nos 42 and 46) are construed together as a motion to reconsider the court's 28 opinion and 29 judgment, and said motion is denied; (2) plf's 40 motion for reconsideration is denied. Signed by Honorable Judge Myron H. Thompson on 7/15/16. (djy, )
July 24, 2018
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REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) the medical defendants' 35 & 77 MOTION to Dismiss be GRANTED to the extent these defendants seek dismissal of this case due to plf's failure to exhaust an administrative ro R&R due by 8/7/2018. Signed by Honorable Judge Gray M. Borden on 7/24/18. (djy, )emedy available to her prior to initiating this cause of action; (2) this case against Defendants Gams, Chappell, Corizon, and Blount beDISMISSED with prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) for Plf's failure to exhaust an administrative remedy before seeking relief from this court; (3) the Correctional defs' 43 MOTION for Summary Judgment be GRANTED on plf's 1983 claims for negligence and deliberate indifference; (4) plf's 1983 disciplinary claims against defs Barrett and Tarrance be DISMISSED without prejudice as they are not properly before the court at this time; (5) plf's state-law claims be DISMISSED without prejudice; and (6) judgment be entered in favor of defs; Objections t
August 31, 2018
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OPINION. Signed by Honorable Judge Myron H. Thompson on 8/31/18. (djy, )
August 31, 2018
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by Honorable Judge Myron H. Thompson on 8/31/18. (Attachments: # (1) civil appeals checklist)(djy, )JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) ADOPTING 79 REPORT AND RECOMMENDATION of the Magistrate Judge ; 2 the 35 & 77 Motions to Dismiss be defs Gams, Chappell, Corizon, and Blount are granted to the extent these defs seek dismissal of plf's 1983 deliberate indifference and negligence claims due to plf's failure to exhaust ; (3) plf's 1983 deliberate indifference and negligence claims against defs Gams, Chappell, Corizon, and Blount are with prejudice in accordance with the provisions of 42 U.S.C. 1997e(a); (4) the 43 Motion for Summary Judgment is granted on plf's 1983 claims for deliberate indifference and negligence against defendants Barrett and Tarrance; (5) Judgment is entered in favor of defs Barrett and Tarrance and against plf on plf's 1983 claims for deliberate indifference and negligence, with plf taking nothing by her complaint on these claims ; (6) Plf's 1983 disciplinary claims against defs Barrett and Tarrance are dismissed without prejudice as they are not properly before the court at this time; (7) plf's state-law claims are dismissed without prejudice; further ORDERING that costs are taxed against plf on her 1983 claims, 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