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07-335 - Hicks v. Dewalt et al


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07-335 - Hicks v. Dewalt et al
December 11, 2007
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MEMORANDUM OPINION & ORDER: (1) the following are DISMISSED w/o prejudice; (a) Plt's damage claims against all dfts in their official capacities; (b) damage claims against FMC Warden Dewalt & Assoc. Warden E. Johnson in their individual capacities; & (c) all claims against Reg. Dir. K.M. White; (2) Clerk's office to prepare & issue summons for FMC Warden Dewalt; Clin. Dir. Dr. M. Growse; Health Care Unit Mgr Kenneth Coleman; Primary Care Phys. Dr. Holbrook; Assoc. Warden G. Kapusta; & Assoc. Warden E. Johnson in off. & ind. capacities; Copies of summons to be served on US Atty Gen & US Atty; (3) Clerk to prepare copies of cmp for summons & USM 285; (4) Clerk to deliver to USM for service; (5) Clerk to obtain receipt from USM; (6) USM to serve summons by certified mail; (7) USM to make return report w/in 40 days; (8) Plt shall keep Clerk informed of current mailing address; failure may result in dismissal of case; (9) Plt to serve copy of future pleadings on each dft. Signed by Judge Karl S. Forester on 12/11/2007.(STB)cc: COR, USM
July 24, 2008
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MEMORANDUM OPINION AND ORDER: (1) The Defendants' Motion to Dismiss for failure to state a claim 22 is GRANTED; (2) this action will be DISMISSED; and Judgment shall be entered contemporaneously with this Memorandum Opinion and Order in favor of the Defendants. Signed by Judge Karl S. Forester on 7/24/2008. (CBD)cc: COR
July 24, 2008
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JUDGMENT: (1) Jgm IS ENTERED in favor of (a) FMC Warden Stephen M. Dewalt; (b)Clinical Director Dr. Michael Growse; (c) Health Care Unit Manager Kenneth Coleman; (d) Primary Care Physician Dr. Holbrook; (e) Associate Warden Gregory T. Kapusta; (f) Associate Warden Edward Johnson; and (g) BOP Regional Director K. M. White; (2) matter IS DISMISSED W/ PREJUDICE; 3) this Jgm IS FINAL and appealable, and no just cause for delay exists; (4) Court CERTIFIES any appeal would not be taken in good faith; and (5) matter IS STRICKEN from the active docket. Signed by Judge Karl S. Forester on 7/24/2008.(CBD)cc: COR