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12-1071 - Nunez v. Donahue et al


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12-1071 - Nunez v. Donahue et al
November 23, 2015
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REPORT-RECOMMENDATIONS AND ORDER: RECOMMENDED that defendants' motion for summary judgment (Dkt. No. 105) be GRANTED. RECOMMENDED that, in the alternative, should the District Judge find that plaintiff Manuel Nunez exhausted his administrative remedies as to his retaliation claim against defendant Weeks: (1) the retaliation claim proceed because, should the matter be exhausted, plaintiff has presented a material question of fact whether defendant Weeks retaliated against him for the exercise of his Constitutional rights, and (2) all other claims be dismissed as set forth above. Objections to R&R due by 12/10/2015 Case Review Deadline 12/14/2015. Signed by Magistrate Judge Christian F. Hummel on 11/23/15. (Attachments: # (1) Unpublished Opinions) (served on plaintiff by regular mail)(alh, )
January 4, 2016
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ORDER that Magistrate Judge Hummel's alternative recommendation, in the Report-Recommendation (Dkt. No. 117), that Defendants' motion for summary judgment dismissing the retaliation claim against Defendant Weeks be denied, and the motion otherwise be granted, is adopted in all respects; that Defendants' motion for summary judgment (Dkt. No. 105) is DENIED in part and GRANTED in part; that Defendants' motion for summary judgment (Dkt. No. 105) is DENIED as to Plaintiff's retaliation claim against defendant Weeks; that Defendants' motion for summary judgment (Dkt. No. 105) is otherwise GRANTED; that Plaintiff's request for counsel is GRANTED in part, and that counsel be appointed for the purpose of trial only. Signed by Judge Brenda K. Sannes on 1/4/16 (served on plaintiff via regular mail). (rjb, )