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15-137 - Smith v. Palmer et al


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15-137 - Smith v. Palmer et al
November 3, 2016
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ORDER AND REPORT AND RECOMMENDATION: RECOMMENDED that Defendants' motion for summary judgment (Dkt. No. 32) be GRANTED WITHOUT PREJUDICE on the grounds that Plaintiff failed to exhaust his administrative remedies before commencing this action. RECOMMENDED that Defendants' motion (Dkt. No. 32) and Plaintiff's cross-motion (Dkt. No. 37) for summary judgment on the merits of Plaintiff's Eighth Amendment claims for excessive force and failure to intervene be DENIED without prejudice. Objections to R&R due by 11/21/2016 Case Review Deadline 11/25/2016. Signed by Magistrate Judge Therese Wiley Dancks on 11/3/16. {r&r served via regular mail on plaintiff}(nas, )
January 27, 2017
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DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 41) is APPROVED and ADOPTED in its entirety. ORDERED, that Defendants' Motion for Summary Judgment (Dkt. No. 32) is GRANTED on the ground that Smith failed to exhaust his administrative remedies before commencing this action, and DENIED as to the merits of Smith's Eighth Amendment claim. ORDERED, that Smith's Cross-Motion for Summary Judgment (Dkt. No. 37) is DENIED. Signed by Senior Judge Lawrence E. Kahn on 1/27/17. (served on plaintiff by regular mail) (alh, )
January 27, 2017
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JUDGMENT entered in accordance with the ORDER of the Honorable Lawrence E. Kahn, U. S. District Judge, dated January 27, 2017. (served on plaintiff by regular mail) (alh, )