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16-3027 - McCoy (ID 76894) v. Aramark Correctional Services et al


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16-3027 - McCoy (ID 76894) v. Aramark Correctional Services et al
June 14, 2017
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MEMORANDUM AND ORDER ENTERED: Plaintiff's Motion to Amend 48 is granted in part and denied in part. It is granted in all respects except that the Kansas Department of Corrections is immune from suit and cannot be added as a defendant. Plaintiff's claim for injunctive relief is construed as one against Defendant Berry in her official capacity. The Clerk's Office is directed to redact paragraph 11 from page 4 of Doc. 48-3 and file it as Plaintiff's Third Amended Complaint. Signed by Magistrate Judge David J. Waxse on 06/14/17.Mailed to pro se party DeRon McCoy, Jr. by regular mail. (smnd)
January 30, 2018
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MEMORANDUM AND ORDER denying 78 Motion for Default Judgment. Signed by District Judge Carlos Murguia on 1/29/18. Mailed to pro se party DeRon McCoy, Jr. by regular mail. (kao)
March 16, 2018
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MEMORANDUM AND ORDER ENTERED: Defendants Aramark Correctional Services, Paul Church, Julie Dockendorff, and Rabbi M. Fellig's Motion to Dismiss 57 is granted as to Rabbi M. Fellig. It is granted on any individual capacity RLUIPA claims. It is denied in all other respects. Defendant Patricia Berry's Motion to Dismiss 59 is granted regarding defendant's § 1983 claim against her in her official capacity and for any retroactive relief. It is denied regarding any individual capacity claim against her for money damages or prospective relief under § 1983. It is granted regarding plaintiff's RLUIPA claims. Defendant Cheryl Allen's Motion to Dismiss 70 is denied regarding any individual capacity RLUIPA claim and denied in all other respects. Defendant Allen's Motion for Extension of Time 76 is granted. Defendant Allen shall respond to plaintiff's Motion for Summary Judgment within three weeks of this order's entry. Plaintiff's Motion Requesting Class Certification is denied and Motion to Appoint Counsel 80 is denied without prejudice. Signed by District Judge Carlos Murguia on 03/16/18. Mailed to pro se party DeRon McCoy, Jr. by regular mail. (smnd)