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14-613 - A'Gard v. Lock et al


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14-613 - A'Gard v. Lock et al
June 24, 2016
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REPORT, RECOMMENDATION AND ORDER that it is hereby ORDERED that, within forty-five (45) days of the filing date of this order, defense counsel produce the information specified within this order regarding the identities of defendant Sergeant John Doe and defendant Lieutenant John Doe. Upon receipt of defense counsel's response, the clerk shall return the file to the court for further review; ORDERED that the clerk adjust the court's records to reflect the correct spelling of defendant's name to N. Locke; RECOMMENDED that defendant Locke's 53 Motion for Summary Judgment be GRANTED and that plaintiff's claims against defendant N. Locke be DISMISSED, and plaintiff's 63 Cross-Motion for Summary Judgment be DENIED; and RECOMMENDED that plaintiff's claims against defendant Corrections Officer John Doe 1, Corrections Officer John Doe 2, and Nurse Doe be sua sponte DISMISSED WITHOUT PREJUDICE. ( Objections to R&R due by 7/11/2016, Case Review Deadline 7/15/2016). Signed by Magistrate Judge David E. Peebles on 6/24/16. (Served plaintiff by regular mail). (sal )
August 17, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATION: RECOMMENDED that plaintiff's remaining claims asserted against defendants Sergeant John Doe and Lieutenant John Doe be dismissed. RECOMMENDED that, in light of the above recommendation and the recommendations contained in my previous order and report dated June 24, 2016 (Dkt. No. 71), plaintiff's complaint in the action be dismissed in its entirety. Objections to R&R due by 9/6/2016 Case Review Deadline 9/7/2016. Signed by Magistrate Judge David E. Peebles on 8/17/16. {r&r served via regular mail on plaintiff}(nas)
September 21, 2016
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DECISION AND ORDER: ORDERED that both Magistrate Judge Peebles' Report-Recommendation (Dkt. No. 71) and his Supplemental Report-Recommendation (Dkt. No. 78) are ACCEPTED and ADOPTED in their entirety. ORDERED that Defendant Locke's motion for summary judgment (Dkt. No. 53) is GRANTED, and Plaintiff's claims against Defendant Locke are DISMISSED from this action. ORDERED that Plaintiff's cross-motion for summary judgment (Dkt. No. 63) is DENIED. ORDERED that Plaintiff's motion to amend his Complaint (Dkt. No. 82) is DENIED. ORDERED that Plaintiff's claims against Defendants Corrections Officer John Doe 1, Corrections Officer John Doe 2, Nurse Jane Doe, Sergeant John Doe and Lieutenant John Doe are sua sponte DISMISSED without prejudice based on Plaintiff's failure to prosecute those claims and/or failure to comply with a Court Order to take reasonable steps to identify those Defendants pursuant to Fed. R. Civ. P. 41(b). Signed by Chief Judge Glenn T. Suddaby on 9/20/16. {order served via regular mail on plaintiff}(nas, )