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15-1908 - Elliott v. Wilson et al


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15-1908 - Elliott v. Wilson et al
December 8, 2015
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REPORT AND RECOMMENDATION. IT IS HEREBY RECOMMENDED that: 1. Plaintiff's Motion for Preliminary Injunction/Protective Order [Docket No. 9] be DENIED as moot; 2. Plaintiff's Emergency Request for Immediate Injunction [Docket No. 48] be DENIED as moot; and 3. Plaintiff's Motion for Summary Judgment [Docket No. 48] be DENIED. Objections to R&R due by 12/22/2015. Signed by Magistrate Judge Janie S. Mayeron on 12/8/2015. (Cc:Benjamin Elliott) (TSS)
January 7, 2016
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]] is DENIED as moot. (3) Plaintiff's Motion for Summary Judgment [Docket No. 48] is DENIED. (Written Opinion) Signed by Judge Joan N. Ericksen on January 7, 2016. (CBC). cc: Benjamin Elliott on 1/8/2016 (KNK).ORDER adopting Report and Recommendations [Docket No. 55]: (1) Plaintiff's Motion for Preliminary Injunction/Protective Order [Docket No. 9] is DENIED as moot. (2) Plaintiff's Emergency Request for Immediate Injunction [Docket No. [48
January 17, 2017
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REPORT AND RECOMMENDATION: Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED that defendants' motion to dismiss or, in the alternative, for summary judgment ECF No. 150 be GRANTED IN PART and DENIED IN PART as follows: SEE ORDER FOR DETAILS. Signed by Magistrate Judge Katherine M. Menendez on 1/17/2017. cc: Elliot(MMP)
March 29, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS that 1. Defendants' Motion to Dismiss or In the Alternative Motion for Summary Judgment Dkt. No. 150 is GRANTED IN PART and DENIED IN PART as follows: a. The Motion is DENIED with respect to the claim that Defendants Dr. Kari Maynard, John Isaacson, Dixie Dahl, Steve Denzine, Rykki Gignon, Terry Greenfield, and Keith Krzoska violated Plaintiff Benjamin Elliott's equal protection rights by subjecting him to discipline for possession of photographs with homosexual content discovered on October 30, 2014. b. The Motion is GRANTED in all other respects, as follows: i. Elliott's official-capacity claims are DISMISSED WITHOUT PREJUDICE for lack of jurisdiction, except insofar as he seeks prospective, non-monetary relief for claims relating to his alleged dismissal from RDAP (which are DISMISSED WITH PREJUDICE as stated below). ii. The remaining claims not presented in Administrative Remedy Series 806239 or 807563 are DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies. iii. All remaining claims (including claims relating to his alleged dismissal from RDAP), with the exception of the equal-protection claim described above, are DISMISSED WITH PREJUDICE for failure to state a claim on which relief may be granted. 2. Defendants Denese Wilson, Matthew Marske, Tony Lee, William Earl, Michael Weber, Mark Bruns, Dr. Ann LaValley-Wood, Joe Jarvis, Steven Dracy, Cathy Thompson, Nicole Fedo, and Deborah Jensen are DISMISSED from this Action.(Written Opinion). Signed by Judge Joan N. Ericksen on 3/29/2017. cc: Elliott.(MMP)