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14-201 - Gomez v. Graham et al


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14-201 - Gomez v. Graham et al
October 2, 2014
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REPORT AND RECOMMENDATIONS that plaintiff's 14 Second Amended Complaint is RECOMMENDED to be accepted for filing, and that the newly named defendants in the second amended complaint be added to the court's docket sheet; RECOMMENDED that plaintiff's first, third, and seventh causes of action be DISMISSED without prejudice, leaving intact plaintiff's retaliation claim (Count II) against defendants Murray, Wright, Borden, Neale, Fletcher, and Hahn; excessive force claim (Count IV) against defendants Borden, Neale, Fletcher, and Hahn; conditions of confinement claim (Count V) against defendants Murray, Wright, Hahn, and Graham; and failure to intervene claim (VI) against defendant Hahn; RECOMMENDED that plaintiff's 2 Motion for Temporary Restraining Order and a Preliminary Injunction be DENIED as moot; RECOMMENDED that, upon adoption of this report and recommendation, the clerk be directed to issue summonses and forward them, along with copies of the second amended complaint, to the USMS for service upon the named defendants. Objections to R&R due by 10/20/2014. Case Review Deadline 10/23/2014. Signed by Magistrate Judge David E. Peebles on 10/2/2014. (Served plaintiff by regular mail on 10/3/2014). (sal)
October 29, 2014
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DECISION AND ORDER: The Report-Recommendation is accepted in whole. ORDERED, that plaintiff's second amended complaint (Dkt. No. 14) is accepted for filing, and the Clerk add the newly named defendants in the second amended complaint to the docket sheet. ORDERED, that Plaintiff's first, third, and seventh causes of action are DISMISSED without prejudice, leaving intact plaintiff's retaliation claim (Count II) 1 against defendants Murray, Wright, Borden, Neale, Fletcher, and Hahn; excessive force claim (Count IV) against defendants Borden, Neale, Fletcher, and Hahn; conditions of confinement claim (Count V) against defendants Murray, Wright, Hahn, and Graham; and failure to intervene claim (Count VI) against defendant Hahn. ORDERED, that Plaintiff's motion for a temporary restraining order and a preliminary injunction (Dkt. No. 2) is DENIED as moot. ORDERED, that the Clerk is directed to issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon the named defendants. Signed by Judge David N. Hurd on 10/29/14. (served on plaintiff by regular mail) (alh, )
October 16, 2015
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DECISION AND ORDER: ORDERED, that with respect to any of the requests that are granted as described herein, defendants shall produce the requested documents or information within twenty-one days from the date of this order. ORDERED, that except as to the extent indicated above, plaintiff's 65 Motion to compel discovery is DENIED. ORDERED, that no costs or attorney's fees are awarded to any party in connection with plaintiff's motion. ORDERED, that the parties are hereby advised that an appeal of this order may be taken to District Judge David N. Hurd. Any such appeal must be filed within fourteen days from the date of service of this order. Signed by Magistrate Judge David E. Peebles on 10/16/15. (served on plaintiff by regular mail)(alh, )
June 16, 2016
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REPORT AND RECOMMENDATION: RECOMMENDED that defendants' motion for summary judgment (Dkt. No. 80) be GRANTED in part and DENIED in part as described herein. RECOMMENDED that all claims against defendants Murray,Graham, and Wright be dismissed. RECOMMENDED that, if the above recommendations are accepted, the causes of action described herein remain for trial. Objections to R&R due by 7/5/2016 Case Review Deadline 7/7/2016. Signed by Magistrate Judge David E. Peebles on 6/16/16. (served on plaintiff by regular mail)(alh, )
March 31, 2017
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DECISION AND ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the 85 Report-Recommendation is accepted in whole. See 28 U.S.C. ยง 636(b)(1). ORDERED that Defendants' motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 (ECF No. 80) is GRANTED in part and DENIED in part as described herein. Defendants Murray, Graham and Wright are DISMISSED from this action. Signed by Judge David N. Hurd on 3/31/17. (served on plaintiff by regular and certified mail) (alh, )