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07-2008 - Lock v. Holinka et al


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07-2008 - Lock v. Holinka et al
July 30, 2008
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REPORT AND RECOMMENDATION Being duly advised of all the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED THAT: A. Defendants' motion to dismiss or for summary judgment (Doc. No. 32) be GRANTED as follows: 1. Lock's claim under the Federal Tort Claims Act be DISMISSED WITHOUT PREJUDICE. 2. Locks Eighth Amendment claim regarding the denial of an MRI and medication be DISMISSED WITH PREJUDICE. 3. Lock's Eighth Amendment claim regarding denial of medical treatment other than an MRI and medication be DISMISSED WITHOUT PREJUDICE. B. Lock's motions for discovery from Dr. Dey (Doc. No. 47) and to show cause and for injunctive relief (Doc. No. 62) be DENIED. C. Lock's motion for assistance from the Court (Doc. No. 66) be DENIED AS MOOT D. This action be DISMISSED IN ITS ENTIRETY. Objections to R&R due by 8/13/2008. Signed by Magistrate Judge Jeanne J. Graham on 07/30/2008. (jz)
August 26, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS. Denying as Moot 66 Motion for Miscellaneous Relief filed by John Earl Lock; Adopting 71 Report and Recommendation; Denying 62 Motion for Order to Show Cause filed by John Earl Lock; Granting 32 Motion to Dismiss, Motion for Summary Judgment filed by M.A. Gray, M.D., J. Dey, T Krautbauer, K Peterson, J Anderson, C Mead, C Holinka, M Boettger, G Carrasca, D Dubbs; Denying 47 Motion for Miscellaneous Relief filed by John Earl Lock (Written Opinion). Signed by Senior Judge David S. Doty on 8/26/2008. (PJM)