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14-437 - CARSWELL v. ROGERS et al


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14-437 - CARSWELL v. ROGERS et al
February 4, 2015
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ORDER re 1 Complaint filed by JAMES JACKSON CARSWELL, REPORT AND RECOMMENDATION re 1 Complaint filed by JAMES JACKSON CARSWELL. It is recommended that the claims against Drs. Ayers, McClarin, and Rogers be allowed to proceed, and that all other claims and Defendants be dismissed. Ordered by US Magistrate Judge STEPHEN HYLES on 2-4-15. (mpm)
April 13, 2015
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ORDER ADOPTING in part and REJECTING in part 8 Report and Recommendations. The claims against Dr. Ayers, Dr. McClarin, Dr. Rogers, the Eighth Amendment claim against Deputy Warden Fleming, the First Amendment retaliation claim against Sergeant Harrison, and the Eighth Amendment claim against Warden Barrow based on his failure to take action in response to the Plaintiff's delayed cataract surgery are allowed to go forward. However, all other claims asserted are DISMISSED without prejudice. It is therefore ORDERED that service be made on Deputy Warden Glenn Fleming, Warden Barrow, and Sergeant Harrison and that they file an answer or such other response as may be appropriate under Fed. R. Civ. P. 12, 28 U.S.C. ยง 1915, and the Prison Litigation Reform Act. The Defendants are also reminded of the duty to avoid unnecessary service expenses and of the possible imposition of expenses for failure to waive service. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 4/13/2015. (tlh)
February 5, 2016
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ORDER denying 48 Motion for Judicial Notice Filed by JAMES JACKSON CARSWELL and denying 50 Motion for Judicial Notice Filed by JAMES JACKSON CARSWELL. REPORT AND RECOMMENDATION re 16 MOTION to Dismiss Complaint filed by DWAYNE AYERS, MICHAEL ROGERS; 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WILLIAM MCCLARIN, JR.; 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by HARRISON, BARROW, GLENN FLEMING; and 38 MOTION for Preliminary Injunction filed by JAMES JACKSON CARSWELL. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 02/05/16. (vmo)
March 29, 2016
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ORDER GRANTING in part and REJECTING in part 55 Report and Recommendations; GRANTING in part and DENYING in part 16 Motion to Dismiss; DENYING 23 Motion to Dismiss/Motion to Dismiss for Failure to State a Claim; DENYING 38 Motion for Preliminary Injunction; and GRANTING 43 Motion to Dismiss for Failure to State a Claim. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 3/29/2016. (tlh)
January 27, 2017
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ORDER denying 71 MOTION for Default Judgment and 75 MOTION to Compel. REPORT AND RECOMMENDATION recommending denying 74 MOTION to Stop Movement From Address filed by JAMES JACKSON CARSWELL and granting 77 MOTION for Summary Judgment filed by WILLIAM MCCLARIN, JR, 85 MOTION for Summary Judgment filed by DWAYNE AYERS, 86 MOTION for Summary Judgment filed by GLENN FLEMING, and 87 MOTION for Summary Judgment filed by MICHAEL ROGERS. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 1/27/2017. (efw)
March 23, 2017
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ORDER ADOPTING as modified 98 Report and Recommendations; GRANTING 77 Motion for Summary Judgment; GRANTING 85 Motion for Summary Judgment; GRANTING 86 [Reconstrued] Motion for Summary Judgment; GRANTING 87 [Reconstrued] Motion for Summary Judgment; and DENYING 74 Motion Motion to Stop Movement. Carswell's claims against Fleming and Rogers are DISMISSED without prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 3/23/2017. (tlh)
May 19, 2017
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ORDER DENYING 110 Motion for Leave to Appeal in forma pauperis. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/19/2017. (tlh)