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16-1272 - JONES v. VULULLEH


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16-1272 - JONES v. VULULLEH
March 12, 2018
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Order Granting Motions for Extension of Time to File a Surreply and Denying Motion for Summary Judgment - Plaintiff Antoine Jones brought this civil rights action pursuant to 42 U.S.C. ยง 1983. He alleges that Officer Vululleh failed to intervene to protect him during an altercation with another offender at the Correctional Industrial Facility, in violation of his Eighth Amendment rights. Presently pending before the Court is Officer Vululleh's motion for summary judgment. Mr. Jones's two motions asking for an extension of time to file a surreply, dkts. 76 and 77, are granted. For the reasons explained below, Officer Vululleh's motion for summary judgment, dkt. 61, is denied. For the reasons explained, Defendant Officer Vululleh's motion for summary judgment, dkt. 61, is denied. Mr. Jones's claim against Officer Vululleh shall proceed in this action. Because this action will be resolved by settlement or trial, the Magistrate Judge is requested to set this matter for a telephonic status conference to discuss what further development is necessary for trial and if the case is amenable to settlement. (SEE ENTRY). Signed by Judge Jane Magnus-Stinson on 3/12/2018. (APD)