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16-475 - Moore v. Samuel S. Stratton Veterans Administration Hospital


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16-475 - Moore v. Samuel S. Stratton Veterans Administration Hospital
June 3, 2016
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REPORT-RECOMMENDATION and ORDER re 1 Complaint filed by David Allen Moore. RECOMMENDED that Plaintiff's applications to proceed in forma pauperis, Dkt. Nos. 7, 10, be GRANTED. RECOMMENDED that the following claims be DISMISSED with prejudice: Plaintiff's Bivens Claims against the defendant Hospital; and Bivens Claims against the unnamed guard/officer in his official capacity; and plaintiff's claim for injunctive relief. RECOMMENDED that plaintiff's attempt to set forth speedy trial claims be dismissed without prejudice and opportunity to amend; RECOMMENDED that plaintiff's remaining claims survive initial review but that no summonses be issued until after the district judge reviews the RRO and issues appropriate direction regarding summonses and service to the Clerk of the Court. (Objections to R&R due by 6/20/2016, Case Review Deadline 6/24/2016). Signed by U.S. Magistrate Judge Christian F. Hummel on 6/3/2016. (Attachments: # (1) D'Alesandro Unpublished Decision, # (2) Stegemann Unpublished Decision, # (3) U.S. v. Caruso Unpublished Decision, # (4) Rodriguez Unpublished Decision, # (5) Violation 3200977, # (6) Vio 3200977 Statement Probable Cause, # (7) Violation 3200978, # (8) Vio 3200978 Statement Probable Cause, # (9) Violation 3200979, # (10) Vio 3200979 Statement Probable Cause)(lah)[Copies of RRO and attachments sent by regular and certified return receipt mail]
June 30, 2016
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ORDERED, that the Report-Recommendation (Dkt. No. 11) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs Applications (Dkt. Nos. 7, 10) to proceed in forma pauperis are GRANTED; and it is further ORDERED, that the following claims are DISMISSED with prejudice: (1) Plaintiffs Bivens claims against Defendant Hospital; (2) Plaintiffs Bivens claims against the unnamed guard/officer in his official capacity; and (3) Plaintiffs claims for injunctive relief; and it is further ORDERED, that Plaintiffs speedy trial claims be DISMISSED without prejudice and with leave to amend to permit Plaintiff the opportunity to (a) explain how the unnamed hospital guard was involved in the alleged speedy trial violations and/or (b) name any other defendants who may have been involved and provide sufficient detail of such involvement; and it is further ORDERED, that Plaintiffs remaining claims survive initial review and require a response Signed by Senior Judge Lawrence E. Kahn on June 30, 2016.***A copy of this order was served upon the pro se party by regular US mail. (sas)
August 10, 2016
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REPORT-RECOMMENDATION and ORDER re 16 Amended Complaint filed by David Allen Moore. RECOMMENDED that plaintiff's claim for speedy trial violations be dismissed with prejudice; that plaintiff's realleged Bivens claims be stricken from the amended complaint; that plaintiff's claim for negligence against the arresting officer be dismissed without prejudice; that plaintiff's claim for excessive force against the unnamed guard/officer be dismissed without prejudice; that any claims plaintiff may seek to bring against the second officer are dismissed without prejudice; and that rather than supersede and replace the original complaint, the Amended Complaint, Dkt. No. 16 be docketed as a supplement to plaintiff's original complaint. ORDERED that the Clerk of the Court add to the docket a John Doe defendant to represent the name of the unnamed guard/officer who issued plaintiff the violations; ORDERED that plaintiff take reasonable steps to identify the unknown officer/agent by his name within 30 days; plaintiff must move to amended his complaint; and failure to take reasonable steps to identify the defendant by name may result in the matter being forwarded to the District Judge for dismissal. Objections to R&R due by 8/29/2016 Case Review Deadline 8/31/2016. Signed by Magistrate Judge Christian F. Hummel on 8/10/2016. (Attachments: # (1) Violation Notices)(lah)[copies served on pltf at both addresses by regular and certified return receipt]
October 27, 2016
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ORDERED, that Plaintiffs claim for speedy trial violations be DISMISSED with prejudice insofar as they are alleged against the defendant unnamed guard/officer; and it is further ORDERED, that, insofar as Plaintiffs Amended Complaint (Dkt. No. 16) can be read as attempting to reallege (1) Bivens claims against the unnamed guard/officer in his official capacity, and (2) claims for injunctive relief under Bivens, such claims be considered STRICKEN from the Amended Complaint as these claims were DISMISSED with prejudice in the Courts June, 2016 Order; and it is further ORDERED, that Plaintiffs Amended Complaint be read as attempting to set forth a claim for excessive force in violation of the Fourth Amendment against the unnamed guard/officer, but, because such claim is conclusory, that claim be DISMISSED without prejudice; and it is further ORDERED, that any claims that Plaintiff may seek to bring against the second officer are DISMISSED without prejudice, due to Plaintiffs failure to cure the defects in his original Complaint (Dkt. No. 1); and it is further, ORDERED, that rather than supersede and replace the original Complaint, the Amended Complaint be docketed as a supplement to Plaintiffs original Complaint, that the original Complaint and Amended Complaint be read together as the operative complaint in this action, and that claims dismissed or stricken by the undersigned be read as if they are not contained within these documents; and it is further ORDERED, that the Clerk is directed to amend the docket to reflect the correct spelling of Defendants name, which is the Samuel S. Stratton Veterans Administration Hospital. Signed by Senior Judge Lawrence E. Kahn on October 27, 2016. ***A copy of this Order was served upon pro se party via US Mail. (sas)