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17-194 - GRIFFITH v. A. DOWNEY et al


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17-194 - GRIFFITH v. A. DOWNEY et al
February 23, 2017
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Entry Screening Complaint and Directing Further Proceedings - The plaintiff's request to proceed in forma pauperis [dkt. 4] is granted. Given the foregoing, the following excessive force claim shall proceed. All other claims and defendants including A. Downey, Kevin Allen, Fernell McDonald, Storm, Lt. Nicholson, Rob Marshall, Kevin Hunter, and the Sullivan County Prosecutor are dismissed. The clerk is directed to terminate these defendants on the docket. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court he shall have through March 15, 2017, in which to identify those claims. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants. (See Entry.) Copy sent to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 2/23/2017. (JLS)
March 21, 2017
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Entry denying 8 Motion to Maintain Document Under Seal. For these reasons, the plaintiff's motion to seal the records and proceed as John Doe [dkt. 8] is denied. (See Entry.) Copy to Plaintiff via U.S. Mail.Signed by Judge Tanya Walton Pratt on 3/21/2017. (JLS)
April 26, 2017
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ENTRY - Accordingly, Defendants shall have through June 1, 2017, in which to either 1) file a dispositive motion in support of the affirmative defense that Plaintiff failed to exhaust his administrative remedies prior to filing this lawsuit, 2) notify the Court that this affirmative defense is not amenable to resolution through a dispositive motion, or 3) notify the Court that defendants will not pursue the affirmative defense of failure to exhaust. If a dispositive motion is filed, plaintiff shall have twenty-eight (28) days in which to respond. Defendants shall then have fourteen (14) days in which to reply. Except for activities associated with the development and resolution of the Defendants' affirmative defense that the Plaintiff failed to exhaust his administrative remedies prior to filing this action, or any other matter directed by the Court, any other activities or deadlines in the action are stayed. Discovery on the issue of exhaustion is allowed. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 4/26/2017.(JLS)
December 4, 2017
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ENTRY - Defendants Motion for Summary Judgment, dkt. 21 is DENIED. Pursuant to Fed. R. Civ. P. 56(f)(1), Defendants shall have through December 26, 2018, in which to respond to the Court's proposal regarding summary judgment and Mr. Griffith will have fourteen days to reply to any response. Mr. Griffith's Motion to Stay the Decision on the Pending Motion for Summary Judgment, dkt. 36, is in light of this Entry DENIED as moot. Mr. Griffith's Motion to Compel, dkt. 37, is DENIED because discovery on non-exhaustion issues was stayed pending the Court's resolution of the exhaustion issue. Once the exhaustion issue is fully resolved, a pretrial schedule will issue and the parties may commence discovery. See entry for details Signed by Judge Tanya Walton Pratt on 12/4/2017. (Copy mailed to Plaintiff) (MEJ)