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06-1196 - Smith v. Christopher et al


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06-1196 - Smith v. Christopher et al
August 19, 2008
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REPORT AND RECOMMENDATIONS that the 23 Cross MOTION for Summary Judgment filed by N. Hnatiw, G. Knox, W. Whitney, Mitchell, T. Christopher be Granted in Part and Denied in Part and the 20 MOTION for Summary Judgment filed by Thernell Smith be Denied in its entirety. Objections to R&R due by 9/3/2008, Case Review Deadline 9/8/2008. Signed by Magistrate Judge David E. Peebles on 8/19/08. (rjb, )
September 16, 2008
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ORDER that 27 Report and Recommendations is APPROVED and ADOPTED in its entirety. ORDERED; denying 20 Motion for Summary Judgment. ORDERED granting in part and denying in part 23 Motion for Summary Judgment. ORDERED that plaintiff's claims against defendants Mitchell and Whitney alleging verbal threats and filing of false misbehavior reports are DISMISSED with prejudice; ORDERED that plaintiff's claims against defendant Shick are dismissed with prejudice. Signed by Senior Judge Lawrence E. Kahn on 9/15/08. (nas)