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07-721 - Musacco v. Dantis et al


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07-721 - Musacco v. Dantis et al
June 25, 2008
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REPORT AND RECOMMENDATIONS by Chief Magistrate Judge Lorenzo F. Garcia that summary judgment be denied to Defendant Torres with respect to the Eighth Amendment dental treatment claim and that it proceed through discovery and to a bench trial; and that summary judgment be granted as to Defendants Grant, Flowers and Savarillo as to the Eighth Amendment assault claim, with the result that the Complaint 1 be dismissed as to Defendants Grant, Flowers and Savarillo; objections to R&R due by 7/14/2008.(mw)
September 26, 2008
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ORDER by Chief Judge Martha Vazquez adopting in part Report and Recommendations 42 to the extent it recommends dismissal of Plaintiff's claims for alleged assault against the individual corrections officers; the Court rejects in part to the extent it recommends that Plaintiff's claims for inadequate dental care proceed to trial; denying 47 Motion to Appoint Counsel (mjr)