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17-022 - LEARY v. THE GEO GROUP INC et al


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17-022 - LEARY v. THE GEO GROUP INC et al
October 6, 2017
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REPORT AND RECOMMENDATION re 7 Recast Complaint filed by VICTOR MACKEVIN LEARY. Plaintiffs conditions of confinement claim may go forward as to Defendants Fredrick J. Head, Douglas West, Ronald R. Warren, and Laura Fletcher. Additionally, Plaintiffs retaliation claim may proceed as to Defendants Tammy Bailey and Douglas West. It is RECOMMENDED, however, that his retaliation claim against Defendants Head, Warren, and Fletcher; his claim against all Defendants alleging an Eighth Amendment violation based on being placed in administrative segregation; and all of his claims as to the Geo Group be DISMISSEDWITHOUT PREJUDICE. ; ORDER Directing Service as to Defendants Fredrick J. Head, Douglas West, Ronald R. Warren, and Laura Fletcher. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 10/6/2017. (ggs)
January 22, 2018
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) ORDER ADOPTING in part 8 Report and Recommendations; DENYING 14 Motion to Appoint Counsel; and GRANTING 15 Motion to Amend/Correct. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 1/22/2018. (tlh
February 21, 2018
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ORDER: Plaintiff's First Amendment Retaliation claims against Defendants Head, Warren, and Fletcher as well as his conditions of confinement claim against Defendant Geo Group should proceed for further factual development. However, Leary's Eighth Amendment claims related to administrative segregation are DISMISSED without prejudice. It is ORDERED that service be made on Defendant Geo Group, Inc. and that it file an Answer, or such other response as may be appropriate under Rule 12, 28 U.S.C. ยง 1915, and the Prison Litigation Reform Act. Defendant is reminded of the duty to avoid unnecessary service expenses, and of the possible imposition of expenses for failure to waive service pursuant to Rule 4(d). Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 2/21/2018. (tlh)