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14-1593 - Simpson v. Claybo et al

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14-1593 - Simpson v. Claybo et al
January 28, 2016
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REPORT AND RECOMMENDATION that the dfts' motions for summary judgment be denied except to the extent that any claim against Warden Price in her official capacity is due to be dismissed; Objections to R&R due by 2/11/2016. Signed by Magistrate Judge John H England, III on 1/28/2016. (KAM, )
February 19, 2016
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ORDER-re: 20 Report and Recommendation. The court is of the opinion that the Magistrate Judge's Report is due to be and is hereby ADOPTED and the recommendation is ACCEPTED. The court EXPLICITLY FINDS no genuine issues of material fact remain as to Dft Cheryl Price in her official capacity and therefore ORDERS that DFt Price's motion for summary judgment 12 is GRANTED as to the claims against her in her official capacity. The court FURTHER ORDERS that said motion for summary judgment is DENIED as to the claims against Dft Price in her individual capacity. Dfts Claybo, Head and Rottman's motion for summary judgment 14 is DENIED. The remaining claims against these defendants are referred to the Magistrate Judge for further proceedings. Signed by Judge R David Proctor on 2/18/2016. (AVC)