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16-4015 - Garcia v. MEND Medical Services et al


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16-4015 - Garcia v. MEND Medical Services et al
April 7, 2017
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REPORT AND RECOMMENDATION. IT IS HEREBY RECOMMENDED that: 1. Defendants Aramark Food Services, Sherburne County Jail, and U.S. Marshal Service be SUMMARILY DISMISSED from this action. 2. The following claims be SUMMARILY DISMISSED: a. Garcia's claim that the food provided at Sherburne County Jail is constitutionally inadequate. b. Garcia's claims under the Prison Rape Elimination Act of 2003. c. Garcia's claim regarding the grievance procedures at Sherburne County Jail. Signed by Magistrate Judge Becky R. Thorson on 4/7/17. cc: Garcia.(JDF)
May 11, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Magistrate Judge Becky R. Thorsons April 7, 2017 Report and Recommendation (Doc. No. 8) is ADOPTED. 2. Defendants Aramark Food Services, Sherburne County Jail, and U.S. Marshal Service are SUMMARILY DISMISSED from this action. 3. The following claims are SUMMARILY DISMISSED: a. Garcia's claim that the food provided at Sherburne County Jail is constitutionally inadequate. b. Garcia's claims under the Prison Rape Elimination Act of 2003. c. Garcia's claim regarding the grievance procedures atSherburne County Jail. (Written Opinion). Signed by Judge Donovan W. Frank on 5/11/2017. (BJS) cc: Plaintiff. Modified on 5/11/2017 (lmb).
November 17, 2017
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REPORT AND RECOMMENDATION that: Defendant's Motion for Judgment on the Pleadings (Doc. No. 44) be GRANTED. Signed by Magistrate Judge Becky R. Thorson on 11/17/2017. cc: Garcia (MMP) Modified text on 11/20/2017 (lmb).
January 24, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Plaintiff Trinidad Jesus Garcia's pro se objections (Doc. No. 79) to Magistrate Judge Becky R. Thorson's November 17, 2017 Report and Recommendation are OVERRULED. 2. Magistrate Judge Becky R. Thorson's November 17, 2017 Report and Recommendation (Doc. No. 76) is ADOPTED. 3. Defendant Brian Frank's Motion for Judgment on the Pleadings (Doc. No. 44) is GRANTED. 4. Plaintiff's Amended Complaint (Doc. No. 7) is dismissed as follows: a. Plaintiff's claim for violation of the Eighth Amendment is DISMISSED WITH PREJUDICE. b. As a result, the Court declines to exercise supplemental jurisdiction over Plaintiffs state-law claims. The remainder of Plaintiff's claims is DISMISSED WITHOUT PREJUDICE. (Written Opinion). Signed by Judge Donovan W. Frank on 1/24/2018. (las) cc: Trinidad Jesus Garcia. Modified on 1/25/2018 (lmb).
January 26, 2018
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AMENDED ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Plaintiff Trinidad Jesus Garcia's pro se objections (Doc. No. 79) to Magistrate Judge Becky R. Thorson's November 17, 2017 Report and Recommendation are OVERRULED. 2. Magistrate Judge Becky R. Thorson s November 17, 2017 Report and Recommendation (Doc. No. 76) is ADOPTED. 3. Defendant Brian Frank's Motion for Judgment on the Pleadings (Doc. No. 44) is GRANTED. 4. Plaintiff's Amended Complaint (Doc. No. 43) is dismissed as follows: a. Plaintiff's claim for violation of the Eighth Amendment against Brian Frank is DISMISSED WITH PREJUDICE. b. As a result, the Court declines to exercise supplemental jurisdiction over Plaintiff's state-law claims against Brian Frank. The remainder of Plaintiff's claims against Brian Frank is DISMISSED WITHOUT PREJUDICE. c. Defendant Brian Frank is DISMISSED as a party to this action. 5. The prior Judgment (Doc. No. 85) is VACATED. (Written Opinion). Signed by Judge Donovan W. Frank on 1/16/2018. (las) cc: Trinidad Jesus Garcia. Modified on 1/26/2018 (lmb).
April 4, 2018
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ORDER granting in part 89 Motion to Amend Scheduling Order. Defendants' dispositive motion due April 6, 2018; Plaintiff's response to Defendants' dispositive motion due June 6, 2018; Defendants' reply due June 13, 2018. This case shall be ready for trial as of November 19, 2018. See Order for further details. (Written Opinion) Signed by Magistrate Judge Becky R. Thorson on 4/4/2018. (DMM) cc: Trinidad Jesus Garcia. Modified on 4/4/2018 (lmb).