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15-325 - MOODY v. SHOULTS et al


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15-325 - MOODY v. SHOULTS et al
December 2, 2015
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ORDER Directing Service re 1 Complaint filed by JEREMY MOODY and REPORT AND RECOMMENDATION re 1 Complaint filed by JEREMY MOODY.It is ORDERED that service be made on COII Shoults and it is, RECOMMENDED, that Plaintiffs claims against Crystal Hughes Whiters and Sergeant Lashwand Jorden be DISMISSED WITHOUT PREJUDICE for failure to state a claim. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 12/02/2015. (cma)
July 28, 2016
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REPORT AND RECOMMENDATION re 19 MOTION to Dismiss filed by SHOULTS. It is RECOMMENDED that Plaintiffs complaint be DISMISSED pursuant to Federal Rule of Civil Procedure 41. IN THE ALTERNATIVE it is RECOMMENDED that Defendants Motion to Dismissbe DENIED, as to Plaintiffs Eighth Amendment excessive force and conditions of confinement claims, but GRANTED as to his claims of deliberate indifference to medical needs, official capacity claims, and claims for injunctive relief. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 07/28/16. (ans)
August 19, 2016
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ORDER REJECTING 10 Report and Recommendations and GRANTING 32 Motion to Amend/Correct. The Plaintiff has 21 days from the date of this order to amend his complaint. The Clerk of Court is DIRECTED to mail the Plaintiff a copy of his complaint. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 8/19/2016. (tlh)
February 15, 2017
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ORDER ADOPTING in part and REJECTING in part 33 Report and Recommendations. The Court DECLINES to dismiss the Plaintiff's claims against Defendant Shoultes for failure to comply with Court orders and failure to prosecute. The Court orders the Plaintiff to REDRAFT his complaint within 14 days if he believes he can allege facts sufficient to cure the deficiencies in his complaint. The Plaintiff's 23 motion for reconsideration of the 23 Magistrate Judges order denying the Plaintiffs 13 motion to appoint counsel is DENIED. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 2/15/2017. (tlh)
March 9, 2017
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ORDER: For the reasons stated in the Magistrate Judge's 33 Report and Recommendation, 19 Shoultes's motion to dismiss for failure to state a claim is GRANTED in part and DENIED in part. The Plaintiff's claims against Shoultes for deliberate indifference to medical needs and injunctive relief and his claims against Shoultes in her official capacity are accordingly DISMISSED without prejudice. To the extent that the Plaintiff moves for injunctive relief, his motion is DENIED. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 3/9/2017. (tlh)
April 12, 2017
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REPORT AND RECOMMENDATION re 43 MOTION to Dismiss filed by SHOULTS. It is RECOMMENDED that Defendant Shoultes Motion be DENIED. It is further RECOMMENDED that Plaintiffs claims against Defendants Whiters and Jordan be DISMISSED. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 04/12/2017. (cma)
June 20, 2017
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ICT JUDGE MARC THOMAS TREADWELL on 6/20/2017. (tlh)ORDER ADOPTING 53 Report and Recommendations and DENYING 43 Defendant Shoultes's Motion to Dismiss. Plaintiff's claims against Defendants Whiters and Jordan are DISMISSED without prejudice. The Plaintiff's 54 motion for leave to amend is GRANTED in part and DENIED in part for undue delay and futility, so that the Plaintiff's motion for leave to amend his claims against Defendants Whiters and Jordan and his already-dismissed claims against Defendant Shoultes is denied, but his motion for leave to amend his complaint as to his surviving claims against Defendant Shoultes is granted. Further, the Plaintiff's 54 motion for injunctive relief is DENIED. Ordered by US DISTR
January 11, 2018
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ORDER DENIED 69 MOTION to Compel filed by JEREMY MOODY and DENIED 68 MOTION to Compel filed by JEREMY MOODY; REPORT AND RECOMMENDATION re 61 MOTION for Summary Judgment filed by SAMANTHA SHOULTES. It is RECOMMENDED that the Defendant's Motion for Summary Judgment be GRANTED IN PART and DENIED IN PART. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 01/11/2018. (cma)
February 16, 2018
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ORDER ADOPTING 72 Report and Recommendations; and GRANTING in part and DENYING in part 61 Motion for Summary Judgment. Plaintiff is permitted to pursue his Eighth Amendment claims for nominal damages, but not for compensatory or punitive damages. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 2/16/2018. (tlh)
May 2, 2018
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ORDER GRANTING Shoultes's motion to exclude Sealeys testimony. Sealey will not be permitted to testify at trial. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/2/2018. (tlh)