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12-077 - Toliver v. Fischer et al


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12-077 - Toliver v. Fischer et al
October 3, 2013
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DECISION and ORDER: ORDERS that Plaintiff's motion for preliminary injunctive relief (Dkt. No. 112) is DENIED. Signed by U.S. District Judge Mae A. D'Agostino on 10/2/2013. (ptm) (Copy served on plaintiff by regular mail)
October 29, 2013
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REPORT AND RECOMMENDATION: RECOMMENDED, that defendants' motion to dismiss pursuant to 28 U.S.C. ยง 1915(g) (Dkt. No. 104) be DENIED, and it is further RECOMMENDED, that defendants' motion for sanctions pursuant to Federal Rule of Civil Procedure 11 (Dkt. No. 104) be DENIED, and it is further RECOMMENDED, that if the District Court adopts this recommendation, the defendants be ordered to answer or otherwise respond to plaintiff's amendedcomplaint (Dkt. No. 27) within twenty-one (21) days of the District Court's order. (Objections to R&R due by 11/15/2013 Case Review Deadline 11/19/2013) Signed by US Magistrate Judge Andrew T. Baxter on 10/29/2013. (Attachments: # (1) Exhibit(s) A, # (2) Exhibit(s) B, # (3) Exhibit(s) C, # (4) Exhibit(s) D, # (5) Exhibit(s) E)(ptm) (Copy served on plaintiff by regular mail with attached exhibits)
February 3, 2014
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ORDER: ORDERS that Magistrate Judge Baxter's October 29, 2013 120 Report- Recommendation is ADOPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Defendants' motion to dismiss (Dkt. No. 104) is DENIED; and the Court further ORDERS that Defendants shall answer or otherwise respond to Plaintiff's amended complaint (Dkt. No. 27) within TWENTY-ONE (21) DAYS from the filing date of this Order; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 2/3/2014. (ptm) (Copy served on plaintiff by regular mail)
April 2, 2014
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DECISION AND ORDER: ODERED, that Plaintiff's motions for preliminary injunctive and other relief (Dkt. No. 121, 122, 123 and 132) are DENIED. Signed by U.S. District Judge Mae A. D'Agostino on 4/2/14. (served on plaintiff by regular mail) (alh, )
November 17, 2014
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REPORT-RECOMMENDATION: It is RECOMMENDED that defendants' 134 motion to dismiss be GRANTED as to defendants Fischer, Maly, and LeClaire, and as to plaintiff's conspiracy claim, and it is further RECOMMENDED, that defendants' 134 motion to dismiss be otherwise DENIED. It is ORDERED, that if the District Court adopts this recommendation, she shall return the case to me to set a schedule for discovery and any further substantive motions with respect to the surviving claims and defendants. FAILURE TO OBJECT TOTHIS REPORT BY 12/4/2014 WILL PRECLUDE APPELLATE REVIEW. Signed by U.S. Magistrate Judge Andrew T. Baxter on 11/17/2014. Case Review Deadline 12/8/2014. {R&R served upon pro se plaintiff via regular mail} (mae)
January 29, 2015
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MEMORANDUM-DECISION AND ORDER: ORDERED, that Magistrate Judge Baxter's November 17, 2014 155 Report-Recommendation is Adopted in its entirety for the reasons set forth therein. ORDERED that Defendants' motion to dismiss (Dkt. No. 134) is GRANTED in part and DENIED in part. ORDERED that Defendants' motion to dismiss is GRANTED as to Defendants Fischer, Maly, and LeClaire, and as to Plaintiff's conspiracy claim. ORDERED that Defendants' motion to dismiss is otherwise DENIED. ORDERED that Plaintiff's motions for injunctive relief and for sanctions (Dkt. Nos. 161, 163, 164 & 167) are DENIED. ORDERED that Plaintiff's appeals (Dkt. Nos. 144, 149, 153 & 154) are DENIED. ORDERED that Plaintiff's motion to amend/supplement his amended complaint (Dkt. No. 158) is DENIED. ORDERED that all future pretrial matters are referred to Magistrate Judge Baxter. Signed by U.S. District Judge Mae A. D'Agostino on 1/29/15. (served on plaintiff by regular mail) (alh, )
March 22, 2016
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REPORT-RECOMMENDATIONS: It is RECOMMENDED, that defendants' 236 summary judgment motion be GRANTED IN PART, as discussed herein, and it is further RECOMMENDED, that plaintiff's remaining retaliation, equal protection, and Eighth Amendment medical claims in plaintiff's 27 Amended Complaint should be dismissed without prejudice to refiling in a new action, to the extent exhaustion of administrative remedies through the grievance process, has now been or may still be completed with respect to these claims, and it is further RECOMMENDED, that plaintiff's procedural due process claims in the Amended Complaint be dismissed with prejudice. FAILURE TO OBJECT TO THIS REPORT BY 4/8/2016 WILL PRECLUDE APPELLATE REVIEW. Case Review Deadline 4/12/2016 Signed by U.S. Magistrate Judge Andrew T. Baxter on 3/22/2016. {R&R served on pro se plaintiff via regular mail} (mae)
June 15, 2016
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MEMORANDUM-DECISION AND ORDER: ORDERED that Magistrate Judge Baxter's March 22, 2016 249 Report-Recommendation is ADOPTED in its entirety for the reasons stated therein. ORDERED that Defendants' summary judgment motion, Dkt. No. 236, is GRANTED in full. ORDERED that Plaintiff's retaliation, equal protection, and Eighth Amendment medical indifference claims are DISMISSED without prejudice. ORDERED that Plaintiff's procedural due process claims are DISMISSED with prejudice. ORDERED that the Clerk of the Court shall enter judgment in Defendants' favor and close this case. Signed by U.S. District Judge Mae A. D'Agostino on 6/15/16. (served on plaintiff by regular and certified mail) (alh, )
June 15, 2016
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JUDGMENT entered pursuant to the Memorandum-Decision and Order of the HonorableJudge Mae A. D'Agostino, dated the 15th day of June 2016. (served on plaintiff by regular and certified mail) (alh, )