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12-1385 - KELLY v. LEWIS, et al


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12-1385 - KELLY v. LEWIS, et al
July 1, 2013
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ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 07/01/2013. RECOMMENDED that this action be dismissed pursuant to 28 U.S.C. § 1915A for failing to state a claim upon which relief may be granted, except for the claim that Defendant Bergman actively allowed a gang member to assault Plaintiff with a weapon. ORDERED that Plaintiff in the above-named action be, and is hereby, permitted to file and prosecute said action in this Court without prepayment of fees or giving security therefor, subject to the conditions set forth below.FURTHER that within twenty (20) days from the date of this OrderPlaintiff make an initial filing fee payment of $13.20. FURTHER that Plaintiff's trust officer shall be directed to pay to the Clerk of this Court 20% of all deposits to his account starting with the month of July, 2013, and thereafter each time that the amount in the account exceeds $10.00 until the $350.00 filing fee has been paid. If an inmate has been ordered to make Prison Litigation Reform Act payments in more than one action or appeal in the federal courts, the total amount collected for all cases cannot exceed 20 percent of the inmates preceding monthly income or trust account balance, as calculated under 28 U.S.C. § 1915(b)(2). FURTHER that this action be filed, but that further proceedings and service of summons be stayed until the undersigned Recommendation that most of the claims be dismissed is ruled upon and Plaintiff has either (1) submitted to the Court the sum(s) noted above, or (2) in the alternative has submitted a motion for relief from the stay, and a statement made under penalty of perjury that he has not had access to any funds for payment of the sum(s) noted above during the period since the entry of this Order and Recommendation.(Taylor, Abby)
October 16, 2014
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d by Plaintiff, given the absence of an appearance by any such attorney on Plaintiff's behalf. The United States Marshals Service shall serve the Summons, Complaint, Amended Complaint, and this Recommendation on Defendant Bergman. It is RECOMMENDED that all claims in Plaintiff's Amended Complaint (Docket Entry 20) be dismissed without prejudice to their re-filing in proper, separate actions, with the sole exception that Plaintiff's claim against Defendant Bergman for actively allowing a gang member to assault Plaintiff with a weapon may proceed in this action.(Daniel, J)MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE L. PATRICK AULD signed on 10/16/2014. It is ORDERED that Plaintiff's Amended Complaint (Docket Entry 20) is ACCEPTED pursuant to Federal Rule of Civil Procedure 15(a)(1). The Clerk is directed to prepare and to issue a summons as to Defendant Bergman using the mailing address provided for him by Plaintiff (see Docket Entry 20 at 19), but the summons shall exclude reference to any attorney liste
January 24, 2017
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MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE L. PATRICK AULD signed on 1/24/2017, RECOMMENDED that the Summary Judgment Motion (Docket Entry 49) be granted. (Daniel, J)
May 10, 2017
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MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 5/10/2017; that the Amendment Motion (Docket Entry 75) be denied. ORDERED that the Appointment Motion (Docket Entry 74) is DENIED. (Sheets, Jamie)