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05-1204 - Burns v. Trombly et al

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05-1204 - Burns v. Trombly et al
March 21, 2008
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REPORT AND RECOMMENDATIONS. RECOMMENDED that 58 MOTION for Partial Summary Judgment filed by C. Crossman, B. Clark, G. Waterson, D. Wood, J. Cheseboro, Robert K. Woods, E. Russell, Quinn, S. Brown, J. McGraw, W. Trombly, D. Uhler, N. Lavigne, J. Colby be GRANTED. Objections to R&R due by 4/4/2008, Case Review Deadline 4/10/2008. Signed by Magistrate Judge George H. Lowe on 3/21/08. (nas ) (nas, ).
May 7, 2008
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ORDER, that the Report-Recommendation of Magistrate Judge George H. Lowe filed March 21, 2008 is ACCEPTED in its entirety for the reasons state therein; that Defendants motion for partial summary judgment (Dkt. No. 58) is GRANTED, and that Plaintiffs claims against the four John Doe defendants are dismissed without prejudice; that Plaintiffs official-capacity claims, and his Fourteenth Amendment claims, against the remaining defendants are dismissed with prejudice; that Plaintiffs Eighth Amendment claims against Defendants Quinn, Clark, Uhler and Robert Woods in their individual capacities are dismissed with prejudice. Signed by Judge Gary L. Sharpe on 5/7/2008. (Attachments: # (1) Judge Lowe's Report-Recommendation) (jel, )