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07-1714 - Cochran v. Rollins et al

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07-1714 - Cochran v. Rollins et al
September 28, 2007
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ORDER granting 3 Motion for Leave to Proceed in forma pauperis; denying 4 Motion to Appoint Counsel ; denying 6 Motion for TRO; denying 6 Motion for Preliminary Injunction. Plaintiff must pay the $350.00 filing fee and is assessed an initial partial filing fee of $18.28. The Complaint (Doc. #1) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. Failure to timely comply, the Clerk ofCourt must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal counts as a strike under 28 U.S.C. ยง 1915(g).. Signed by Judge Mary H Murguia on 9/28/07.(DMT, )
July 28, 2008
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ORDER denying as moot 24 Plaintiff's Motion to Dismiss; granting 30 Plaintiff's Motion to Withdraw ; denying 38 Defendants' Motion to Strike ; Defendants' 18 Motion to Dismiss is granted in part as follows: Counts I and II are dismissed without prejudice; Count III is dismissed without prejudice to the extent that it alleges that Defendants' failure to protect Plaintiff resulted in his assault in May 2007. Defendants Moen and John Doe #1 are dismissed. Defendants' Motion to Dismiss 18 is denied to the extent that paragraphs 4 and 8 through 11 in Count III allege denial of Plaintiff's request for placement in protective segregation, which resulted in his assault in May 2007. The remaining claims are (a) paragraphs 4 and 8 through 11 of Count III alleging denial of placement in protective segregation and (b) Count IV. The remaining defendants are Lakey, Haley, Rollins, John Doe #2, and John Doe #3. Signed by Judge Mary H Murguia on 7/25/08.(TLJ)
August 20, 2008
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ORDER the reference to the Magistrate Judge is withdrawn as to Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order 51. All other matters will remain with the Magistrate Judge. Denying 51 Plaintiff's Motion for Temporary Restraining Order. Defendants are directed to file a response to Plaintiff's Motion for a Preliminary Injunction. Signed by Judge Mary H Murguia on 8/20/08.(LSP)
October 1, 2008
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ORDER that Pla's 51 Motion for Preliminary Injunction is denied. Signed by Judge Mary H Murguia on 09/30/08.(ESL, )