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11-241 - Smith v. Wildermuth et al


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11-241 - Smith v. Wildermuth et al
January 24, 2013
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED, that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 32) be GRANTED IN PART AND DENIED IN PART as recommended, herein. Objections to R&R due by 2/11/2013 Case Review Deadline 2/14/2013. Signed by Magistrate Judge Therese Wiley Dancks on 1/24/13. (Attachments: # (1) copies of unpublished decisions) (served on plaintiff by regular mail)(alh, )
March 11, 2013
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DECISION AND ORDER: ORDERED, that the Court accepts and adopts all of Magistrate Judge Dancks's recommendations for the reasons stated in her thorough report (Dkt. No. 43). ORDERED, that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 32) is GRANTED IN PART AND DENIED IN PART as stated herein. ORDERED, that if Plaintiff elects to re-plead the claims for which he has been granted leave, he must do so within thirty (30) days of the date of this Decision and Order, and he must file a complete pleading that will supercede the former in all respects (i.e. allegations or claims made in a prior pleading cannot be incorporated by reference). Signed by Senior Judge Thomas J. McAvoy on 3/11/13. (served on plaintiff by regular mail) (alh, )
October 31, 2014
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REPORT-RECOMMENDATION and ORDER: RECOMMENDED, that the Court direct Defendants to respond to (1) the excessive force claim against Defendants Wildermuth, Ensel, Slater, Hale, Morris, and Noethe; (2) the conspiracy claim against Defendants Wildermuth, Ensel, Slater, Hale, Morris, and Noethe; (3) the First Amendment claim against Defendant Wildermuth; (4) the Eighth Amendment failureto-intervene claim against Defendants Bailey, Chewens, and Saez; (5) the Eighth Amendment conditions of confinement claim against Defendant Martuscello; and (6) the Eighth Amendment failure-to-protect claim against Defendants Rock and Evans. RECOMMENDED, that the Court dismiss the state law claims and the RLUIPA claim without leave to amend. RECOMMENDED, that the Court dismiss the equal protection claim against Defendant Martuscello with leave to amend. Objections to R&R due by 11/20/2014 Case Review Deadline 11/24/2014. Signed by Magistrate Judge Therese Wiley Dancks on 10/31/14. (served on plaintiff by regular mail)(alh, )
January 29, 2015
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DECISION & ORDER: ORDERED, that the Court ADOPTS the Report-Recommendation and Order (dkt. # 66) for the reasons stated therein. ORDERED that Defendants respond to (1) the excessive force claim against Defendants Wildermuth, Ensel, Slater, Hale, Morris, and Noethe; (2) the conspiracy claim against Defendants Wildermuth, Ensel, Slater, Hale, Morris, and Noethe; (3) the First Amendment claim against Defendant Wildermuth; (4) the Eighth Amendment failure-to- intervene claim against Defendants Bailey, Chewens, and Saez; (5) the Eighth Amendment conditions of confinement claim against Defendant Martuscello; and (6) the Eighth Amendment failure-to-protect claim against Defendants Rock and Evans. ORDERED, that the state law claims and the RLUIPA claim are DISMISSED without leave to amend. ORDERED that the equal protection claim against Defendant Martuscello is DISMISSED with leave to amend. Signed by Senior Judge Thomas J. McAvoy on 1/29/15. (alh, )
April 14, 2017
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MEMORANDUM-DECISION AND ORDER: ORDERED that Defendants' motion for partial summary judgment (Dkt. No. 127) is GRANTED in part and DENIED in part. ORDERED that Defendants' motion is GRANTED with respect to Plaintiff's First Amendment free exercise claim against Defendant Wildermuth. ORDERED that Defendants' motion is DENIED with respect to Plaintiff's Eighth Amendment conditions of confinement claim against Defendant Martuscello. ORDERED that the Clerk is directed to amend the docket in this action so that the name of "James Noethe" reads "James Noeth." Signed by Magistrate Judge Therese Wiley Dancks on 4/14/17. (alh, )