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15-348 - TAYLOR v. GILBERT et al


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15-348 - TAYLOR v. GILBERT et al
October 13, 2016
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***RESCINDED PER 60 ENTRY*** Entry Denying Defendants' Motion For Summary Judgment, Denying Plaintiff's Motion to Amend, and Directing Further Proceedings - Plaintiff Robert Taylor ("Mr. Taylor") is a federal inmate formerly confined at the United States Penitentiary in Terre Haute, Indiana ("USP Terre Haute"). After screening the complaint and dismissing some claims, the Court determined that Mr. Taylor's claims of excessive force would proceed against Officers Gilbert, Griffen, Lutz, and Tarrh (the "Defendants"). The affirmative defense of failure to exhaust is therefore rejected. The Defendants' motion for summary judgment [dkt. 34] is denied. Mr. Taylor's motion to amend complaint [dkt. 43] is denied. (See Entry.) Copy to plaintiff via US MailDispositive Motions due by 3/1/2017., Discovery due by 2/1/2017.). Signed by Judge Jane Magnus-Stinson on 10/13/2016.(RSF) Modified on 12/8/2016 (DW).
August 31, 2017
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ENTRY on Pavey Hearing Rejecting Affirmative Defense of Failure to Exhaust Available Administrative Remedies - For the reasons discussed above, the defendants' defense of failure to exhaust available administrative remedies is rejected. This action shall now proceed to the merits of Mr. Taylor's claims. The Magistrate Judge is requested to set a status conference to direct the further development of this action. The reason for the appointment of recruited counsel, Ms. Larimore and Ms. Riddle, has concluded. Thus, counsel may file a motion to withdraw, but the Court would welcome their continued representation should they choose not to withdraw. The clerk shall also update the docket to correct the spelling of Officer Lotz' last name (SEE ENTRY). Copy sent to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 8/31/2017.(DW)
October 27, 2017
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Entry Discussing Emergency Motion for Protection and Transfer, Motion for Evidentiary Hearing, and Motion for Court to Investigate - Mr. Taylor's emergency motion for protection and transfer to another facility, dkt. 115, is denied. To the extent Mr. Taylor's motion relates to his legal papers being confiscated from his cell, dkt. 115, it is granted consistent with the directions issued above to defendants' counsel. Mr. Taylor's motion for evidentiary hearing on his emergency motion, dkt. 124, is denied as moot. Accordingly, Mr. Taylor's pro se motion to investigate, dkt. 126, is denied (SEE ENTRY INFORMATION AND INSTRUCTIONS). Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/27/2017. (DW)
March 15, 2018
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ORDER ON MOTION TO COMPEL - Based on the foregoing, Plaintiff's Motion to Compel and for Sanctions Against Bureau of Prisons Terre Haute Indiana for Failure to Respond to Discovery and Produce Memorandum of Hector Rivera [Dkt. 163 is DENIED (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Magistrate Judge Mark J. Dinsmore on 3/15/2018. Copy sent to Plaintiff via US Mail. (DW)