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16-3912 - Cagle #079874 v. Ryan et al


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16-3912 - Cagle #079874 v. Ryan et al
October 31, 2017
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ORDER (Service Packet) - The objections are overruled and the 26 Report and Recommendation is accepted and adopted as follows; Pursuant to 28 U.S.C. 1915A, the following Counts of the 21 Second Amended Complaint are DISMISSED, WITHOUT PREJUDICE: Counts 5-571, 572, 575-578, 580, 581, 584-593, 594-596, 597, 598, 602-607, 609-613, 619-704, 706-721, 722, 723-724, and 725. FURTHER ORDERED that pursuant to 28 U.S.C. 1915A, that the following Defendants are DISMISSED, WITHOUT PREJUDICE: Charles Ryan, Deputy Warden Unknown Black, Bobo, Brower, Darius, DeLacerta, DeMarco, Durazo, Guilfoyle, Heet, Keefe, Koeppel, Silvas, Smith, Squires, Swanda, Thompson, Valazquez and Washburn. IT IS FURTHER ORDERED that the following Defendants are required to respond to the following Counts of the 21 Second Amended Complaint: Defendants Corizon (Counts 1, 614, 615, 616, 617 and 618), Nurse Unknown Black (Count 1), Mares (Count 2), Henry (Counts 3 and 4), Vicklund (Counts 3 and 4), Unknown Transportation Officers Black 1 and 2 (Count 573), Babich (Count 574), Salas (Count 579), Bishop (Count 582), Vargas (Count 583), Sharp (Count 599), Berrellez (Counts 600 and 601), Laux (Count 608) and Roman (705). IT IS FURTHER ORDERED that service on Defendants Corizon, Mares, Babis, Salas, Bishop, Berrellez, Henry, Vicklund, Vargas, Sharp, Roman and Laux is hereby ordered. The Clerk of the Court shall send Plaintiff a service packet including a summons and request for waiver forms, a copy of this Order, and a copy of Marshal's Process Receipt & Return form (USM-285) for each Defendant. Plaintiff has ninety days from the date of this order to move to amend to identify the fictitiously named defendants, Defendants Unknown Transportation Officers Black 1 and 2 and Unknown Nurse Black, or such defendants shall thereafter be dismissed without prejudice. FINALLY ORDERED that Plaintiff's unilateral 30 motion to reassign this case to Magistrate Judge Metcalf is denied. However, the Clerk's office shall send a Consent to Exercise of Jurisdiction by a United States Magistrate Judge form to Plaintiff and each Defendant, who may return them at their option. Signed by Senior Judge James A Teilborg on 10/30/2017. (Attachments: # (1) Letter, # (2) Samples and Service Packet for Dft. 1, # (3) Service Packet for Dft. 2, # (4) Service Packet for Dft. 3, # (5) Service Packet for Dft. 4, # (6) Service Packet for Dft. 5, # (7) Service Packet for Dft. 6, # (8) Service Packet for Dft. 7, # (9) Service Packet for Dft. 8, # (10) Service Packet for Dft. 9, # (11) Service Packet for Dft. 10, # (12) Service Packet for Dft. 11, # (13) Service Packet for Dft. 12, # (14) Instructions, # (15) Consent Form)(ATD)
February 27, 2018
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** WITHDRAWN BY 75 ** REPORT AND RECOMMENDATION - IT IS THEREFORE RECOMMENDED that, pursuant to Rule 4(m), Defendant Nurse Unknown Black be DISMISSED WITHOUT PREJUDICE. (See document for further details). Signed by Magistrate Judge James F Metcalf on 2/27/18. (LAD) Modified on 3/2/2018 (LAD).
March 2, 2018
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ORDER - IT IS THEREFORE ORDERED that the Report and Recommendation, filed February 27, 2018 (Doc. 71) is WITHDRAWN. (See document for further details). Signed by Magistrate Judge James F Metcalf on 3/2/18. (LAD)