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15-384 - RUFFIN v. MCCLOUD et al


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15-384 - RUFFIN v. MCCLOUD et al
April 26, 2016
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REPORT AND RECOMMENDATION re 1 Complaint filed by ANTONIO WELLINGTON RUFFIN, ORDER Directing Service as to Defendant Powell re 1 Complaint filed by ANTONIO WELLINGTON RUFFIN. It is RECOMMENDED that Plaintiff's claims against these defendants McCloud, Bishop, and Chatman beDISMISSED WITHOUT PREJUDICE, It is RECOMMENDED that any claim based on a denial of proper lighting or eye care in 2013 be DISMISSED WITHOUT PREJUDICE for failure to state a claim, it is RECOMMENDED that claims in the delayof Plaintiff's mail or access to legal materials also be DISMISSED WITHOUT PREJUDICE. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 04/26/16. (cma)
July 22, 2016
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ORDER ADOPTING as modified 8 Report and Recommendations and GRANTING 11 Motion to Amend/Correct. The denial of access to courts claim is DISMISSED without prejudice, and any claims separate from the conditions of confinement claim based on poor lighting and denial of adequate eye care in 2013 are DISMISSED without prejudice. The due process and conditions of confinement claims against McCloud, Bishop, and Chatman will go forward. Logan, Williams, and Jacobs are joined as Defendants, and the due process and conditions of confinement claims against them will go forward. It is therefore ORDERED that service be made on Defendants McCloud, Bishop, Chatman, Logan, Williams, and Jacobs and that they file an answer or other appropriate response to the Plaintiff's complaint. Finally, the Plaintiff's request for appointed counsel is DENIED. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 7/22/2016. (tlh)