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04-1183 - Orraca v. McCreery et al


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04-1183 - Orraca v. McCreery et al
February 14, 2006
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REPORT AND RECOMMENDATIONS. RECOMMENDED that defendants' motion be GRANTED, in part, and plaintiff's claims against them in their official capacities for damages be DISMISSED, based upon the Eleventh Amendment; that plaintiff'sclaims against defendant Maly be DISMISSED, with leave to replead,based upon the lack of his personal involvement in the deprivationsalleged; that plaintiff's claim for compensatory damages for mentalanguish and emotional distress be DISMISSED; but that defendants'motion be DENIED in all other respects. Objections to R&R due by 3/1/2006 Case Review Deadline 3/6/2006. Signed by Judge David E. Peebles on 2/14/06. (nas)
April 25, 2006
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ORDER accepted and adopted in whole 33 Report and Recommendations, granting in part and denying in part 21 Motion to Dismiss. Plaintiff's claims for damages against defendants in their official capacities is DISMISSED, based upon the 11th Amendment; Plaintiff's claims against defendant Maly are DISMISSED; Plaintiff's claim for compensatory damages for mental anguish and emotional distress is DISMISSED; Defendants' motion is DENIED in all other respects. The defendants shall file and serve an anser to the remaining allegations in the complaint on or before 5/10/06. Signed by Judge David N. Hurd on 4/25/06. (nas)
July 21, 2008
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REPORT AND RECOMMENDATIONS that the 53 MOTION for Summary Judgment filed by T. Nasaveria, Mr. Wright, Mr. Andrews, Mr. Mayberry, Mr. Maly, T. McCreery, M. Bertone be Granted and plaintiff's complaint dismissed. Objections to R&R due by 8/4/2008; Case Review Deadline 8/11/2008. Signed by Magistrate Judge David E. Peebles on 7/21/08. (rjb, )
September 15, 2008
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ORDER that 56 Report and Recommendations is accepted and adopted. ORDERED granting 53 Motion for Summary Judgment and that all remaining claims contained within plaintiff's complaint are DISMISSED. Signed by Judge David N. Hurd on 9/15/08. (nas)