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07-575 - EAKER v. MILLER


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07-575 - EAKER v. MILLER
September 15, 2008
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MEMORANDUM OPINION AND RECOMMENDED RULING - MAGISTRATE JUDGE signed by MAG/JUDGE WALLACE W. DIXON on 9/15/08 re 82 MOTION for Judgment on the Pleadings filed by SLACK, FREEMAN be GRANTED, 67 MOTION for Summary Judgment filed by JAMES DEAN EAKER be DENIED, 64 MOTION for Judgment on the Pleadings filed by JAMES RITTER be GRANTED, 59 MOTION to drop defendants from suit filed by JAMES DEAN EAKER be GRANTED, 29 MOTION for Judgment on the Pleadings filed by BOYD BENNETT, COLLINS, BEANE, GARY MILLER be GRANTED, 31 MOTION to Dismiss filed by HARRIS, LINDA BISSONETTE, RUTH HARE, WRAPE, GARY MILLER be GRANTED, 45 MOTION to Dismiss filed by MATTHEW HARMODY be DENIED as moot, 55 MOTION for Judgment on the Pleadings filed by MONTGOMERY COUNTY HOSPITAL STAFF be DENIED as moot. The court should further note in the judgment and order that the Eighth Amendment claim based on failure to protect is dismissed without prejudice for failure to exhaust administrative remedies. Moreover, because Plaintiff is seeking a voluntary dismissal of Defendants Harmody and Montgomery Memorial Hospital, these Defendants should be dismissed without prejudice. If the court adopts this Recommendation, there will be no remaining claims in this matter. To this extent, the various pending discovery motions (docket nos. 38, 42, 48, 54, 60, 62, 66, 75) will be rendered moot. (Wilson, JoAnne)