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07-030 - Earle v. USA


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07-030 - Earle v. USA
November 14, 2007
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MEMORANDUM OPINION & ORDER: 1) plaintiff Vernon Norman Earle's Motion for Appointment of Counsel 27 is DENIED without prejudice; 2) Defendant's Motion for Summary Judgment 19 is DENIED without prejudice. 3. The Plaintiff's Eighth Amendment claim of deliberate indifference to his serious medical needs is DISMISSED. Signed by Judge Gregory F. Van Tatenhove. (RKT)cc: Vernon Norman Earle via 1st class mail & COR via ECF notification - Modified text on 2/29/2008 to add paragraph (3) pursuant to Order 57. (TDA).
February 12, 2008
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REPORT AND RECOMMENDATION: 1. Plas motion for leave to proceed on appeal in forma pauperis 48 should be denied, and that district court should certify in accordance with FRAP 24(a)(4) that it has denied Appellant's motion and that the appeal is not taken in good faith, and Clerk should transmit notice of this certification to the Sixth Circuit Court of Appeals; 2. That to the extent Plaintiff/Appellant seeks a certificate of appealability in order to bring his interlocutory challenge, that his construed motion for a Certificate of Appealability (44,46) also should be denied; Objections to R&R due by 3/3/2008. Signed by Judge J. Gregory Wehrman.(TDA)cc: COR & Vernon Earle
July 29, 2008
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ORDER: 1. Plas Objections to Magistrate's Report and Recommendation 53 are OVERRULED; 2. Magistrate Judge's Report and Recommendation 51 is ADOPTED as and for opinion of Court; and 3. Motion to Proceed on Appeal In Forma Pauperis 48 is DENIED. Signed by Gregory F. Van Tatenhove. (TDA)cc: COR & Vernon Earle