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15-317 - Peele v. Annucci et al

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15-317 - Peele v. Annucci et al
June 14, 2016
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ORDER AND REPORT-RECOMMENDATION: RECOMMENDED that Defendants' motion for summary judgment (Dkt. No. 35) be GRANTED IN PART AND DENIED IN PART as follows: (1) summary judgment be GRANTED in Defendant Fletcher's favor on the ground that Plaintiff failed to exhaust his administrative remedies; and (2) summary judgment be DENIED as to Defendants Gordon, Rodier, and Samolis. Objections to R&R due by 7/1/2016 Case Review Deadline 7/5/2016. Signed by Magistrate Judge Therese Wiley Dancks on 6/14/16. (served on plaintiff by regular mail)(alh, )
August 17, 2016
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ies. Signed by Chief Judge Glenn T. Suddaby on 8/17/16. (served on plaintiff by regular mail) (alh, )DECISION AND ORDER: ORDERED, that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 49) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion for partial summary judgment (Dkt. No. 35) is GRANTED as to Plaintiff's claims against Defendant Fletcher, and that Defendant is DISMISSED from this action. ORDERED that Defendants' motion for partial summary judgment (Dkt. No. 35) is DENIED as to Plaintiff's claims against Defendants Gordon, Rodier and Samolis. ORDERED that Pro Bono Counsel be appointed for the Plaintiff for purposes of trial only; any appeal shall remain the responsibility of the plaintiff alone unless a motion for appointment of counsel for an appeal is granted. ORDERED that upon assignment of Pro Bono Counsel, a pretrial conference with counsel will be scheduled in this action, at which time the Court will schedule a jury trial for Plaintiff's 8th Amendment excessive force claims against Defendants Donah, Smith, Gordon and Rodier, and Plaintiff's 8th Amendment failure to intervene and failure to properly train/supervise staff against Defendant Samolis. Counsel are directed to appear at the pretrial conference with settlement authority from the part