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06-020 - Pacheco v. Drown et al


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06-020 - Pacheco v. Drown et al
June 3, 2008
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ORDER denying 63 Motion for Reconsideration. Signed by Senior Judge Lawrence E. Kahn on 6/3/08. (rjb, )
September 2, 2009
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REPORT AND RECOMMENDATION: RECOMMENDED, that all claims against the Doe Defendants and any claims against Dr. Sadiq and Dr. Lee be dismissed. RECOMMENDED, that Defendants' 68 Second MOTION for Summary Judgment be GRANTED IN PART AND DENIED IN PART. RECOMMENDED, that Defendants' motion be granted and all of Plaintiff's claims be dismissed except the claim that Defendants Mitchell and Fournia retaliated against Plaintiff for exercising his First Amendment rights. In addition, any claims for damages against Defendants Mitchell and Fournia in their official capacities should be dismissed as barred by the Eleventh Amendment. Objections to R&R due by 9/17/2009 Case Review Deadline 9/22/2009. Signed by Magistrate Judge George H. Lowe on 9/2/09. (Report and Recommendation served on plaintiff by regular mail)(alh, )
January 11, 2010
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ORDER that Magistrate Judge Lowe's Report-Recommendation (Dkt. No. 84) isACCEPTED and ADOPTED in its entirety; ORDERED that Defendants' motion for summary judgment (Dkt. No. 68) is GRANTED in part and DENIED in part as follows: all of Plaintiff's claims against the John and Jane Doe Defendants areDISMISSED without prejudice pursuant to Fed. R. Civ. P. 4(m); all of Plaintiff's claims against the named Defendants in their official capacitiesare DISMISSED with prejudice pursuant to pursuant to Fed. R. Civ. P. 12(h)(3) and the Eleventh Amendment; all of Plaintiff's claims against Defendants Drown, Selsky, DeAcevedo, Wright, Hentschel, and Trabout in their individual capacities are DISMISSED with prejudice pursuant to Fed. R. Civ. P. 56; Plaintiff's sole remaining claim in this action i.e., his retaliation claim against Defendants Mitchell and Fournia in their individual capacities survives Defendants' motion for summary judgment. Signed by Judge Glenn T. Suddaby on 1/11/10. {order served via regular mail on all non-ecf parties}(nas)