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15-2503 - Graphenteen v. Jesson et al


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15-2503 - Graphenteen v. Jesson et al
November 4, 2015
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ORDER: Petitioner's motion to appoint counsel (ECF No. 14) is DENIED and REPORT AND RECOMMENDATION: IT IS HEREBY RECOMMENDED that Plaintiff's motion for default judgment (ECF No. 15) be DENIED. Signed by Magistrate Judge Franklin L. Noel on 11/3/15. (cc: Graphenteen)(AKL) Modified on 11/6/2015 (AKL).
December 7, 2015
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(KMW) Modified text on 12/8/2015 (JDF).ORDER ADOPTING REPORT AND RECOMMENDATIONS for 16 Order,, Report and Recommendation (Written Opinion). IT IS HEREBY ORDERED that Plaintiffs motion for default judgment 15IS DENIED. Signed by Judge Michael J. Davis on 12/7/15. cc: Graphenteen.
August 22, 2016
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REPORT AND RECOMMENDATION recommends 36 MOTION to Dismiss/General First Amended Complaint filed by Maryjo K. Fales, Miles R. Balach be GRANTED in part and DENIED in part. Objections to R&R due by 9/6/2016. Signed by Magistrate Judge Franklin L. Noel on 8/19/16. (JDF) Modified termination date on 10/14/2016 (kt).
October 13, 2016
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DOCUMENT FILED IN ERROR: WILL REFILE. ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Franklin L. Noel filed on August 22, 2016 49. 2. Miles R. Balach's and Maryjo K. Fales's Motion to Dismiss First Amended Complaint 36 is GRANTED IN PART and DENIED IN PART as follows: a. To the extent Defendants Balach and Fales seek to dismiss Count II of Plaintiff's Amended Complaint, the motion is GRANTED and the claim are DISMISSED. b. To the extent Defendants Balach and Fales seek to dismiss Count I of Plaintiff's Amended Complaint pursuant to violations of his rights under the Eighth Amendment, the motion is GRANTED. c. To the extent Defendants Balach and Fales seek to dismiss Count I of Plaintiff's Amended Complaint pursuant to violations of his rights under the Fourteenth Amendment, the motion is DENIED. (Written Opinion).. Signed by Judge Michael J. Davis on 10/13/16. (GRR) Modified on 10/14/2016 (kt).
March 1, 2017
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MEMORANDUM OPINION AND ORDER Adopt Report and Recommendation 49 Report and Recommendation. Defendants Balach's and Fales' 36 Motion to Dismiss the Amended Complaint is GRANTED in part and DENIED in part. The motion is DENIED as to Graphenteen's claim under the Fourteenth Amendment. The motion is GRANTED in all other respects. These claims are DISMISSED with prejudice. (Written Opinion) Signed by Chief Judge John R. Tunheim on March 1, 2017. (DML)