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12-443 - THOMAS v. WOLFE et al


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12-443 - THOMAS v. WOLFE et al
September 24, 2012
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ORDER denying 18 Motion for Leave to Appeal in forma pauperis. Signed by Judge Jane Magnus-Stinson on 9/24/2012. Copy via US Mail to Plaintiff. (cc: USCA re: CA #12-2902.) (TMA)
September 2, 2016
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ENTRY Discussing Defendants' Motions for Summary Judgment - The plaintiff's 151 motion for a ruling is granted. The Medical Defendants' 113 motion for summary judgment is granted in part and denied in part. Nurse Deborah Wallen, Nurse Mary Blomquist, Nurse Linda Ashby and Yvonne Goodson are each entitled to judgment as a matter of law as to all claims alleged against them. The clerk is directed to update the docket to reflect that these four medical defendants have been terminated in this action. The 116 motion for summary judgment filed by State Defendants Andrew Cole and Danny Fountain is denied. The defendants' 137 motion to strike is denied. The plaintiff's 149 belated motion for expert witness is denied because there is no evident need for a court-appointed expert, to "assist the trier-of-fact to understand the evidence or decide a fact in issue," the standard under Rule 702 of the Federal Rules of Evidence. The two Eighth Ameissue at this time as to the claims resolved in this Entry. (See Entry.) Signed by Judge Jane Magnus-Stinson on 9/2/2016. Copy sent to Plaintiff via US Mail. (GSO)ndment claims remaining for resolution are the following: Whether Doctor William H. Wolfe and Nurse Practitioner Vanessa G. Suffoletta denied Mr. Thomas a bottom range pass and, as a result, Mr. Thomas had two seizures and injured himself on the stairs; and Whether Andrew Cole and Counselor Fountain had the authority to move Mr. Thomas to a bottom range but refused to do so even after they knew of the risk of harm inherent in having a seizure on the stairs. No partial final judgment shall