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17-515 - Pettit #181452 v. Penzone et al

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17-515 - Pettit #181452 v. Penzone et al
April 20, 2018
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ORDER - The Clerk of the Court must update the docket to reflect that Sergeant Sajonia is Sergeant A8976's actual name. The reference to the Magistrate Judge is withdrawn as to Defendants' 50 Motion for Summary Judgment. Defendants' 50 Motion for Summary Judgment is granted, and Plaintiffs First Amendment retaliation claims against Defendants Perrotta Moore, and Sergeant Sajonia in Counts II and III are dismissed without prejudice for failure to properly exhaust available administrative remedies prior to filing his Complaint. The remaining claim in this action is Plaintiff's claim against Defendant Braaten in Count V for the denial of constitutionally adequate medical care. Signed by Judge David G Campbell on 4/19/2018. (ATD)