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15-497 - Ulmer v. Dibble, et al.


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15-497 - Ulmer v. Dibble, et al.
October 13, 2016
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DECISION AND ORDER: ORDERED that Plaintiff's motion for injunctive relief (Dkt. No. 48) is DENIED. Signed by Judge David N. Hurd on 10/12/16. (served on plaintiff by regular mail)(alh, )
December 4, 2017
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ORDER AND REPORT AND RECOMMENDATION: RECOMMENDED that Defendants' motion for summary judgment (Dkt. No. 89) be GRANTED IN PART AND DENIED IN PART. RECOMMENDED that summary judgment be GRANTED in its entirety as to Defendant Dumas. RECOMMENDED that summary judgment be GRANTED to Defendants Bedore and Dibble on Plaintiff's First Amendment retaliation claims. RECOMMENDED that Defendant Bedore be DENIED summary judgment WITHOUT PREJUDICE on Plaintiff's Eighth Amendment excessive force and failure to protect claims. RECOMMENDED that the parties be allowed sixty (60) days from entry of an Order by the District Court on this Report-Recommendation to conduct additional discovery regarding the identification of the Sergeant alleged by Plaintiff to have been involved in the laundry room assault on December 29, 2014. RECOMMENDED that Defendant Bedore be given until thirty (30) days thereafter to file a second motion for summary judgment on Plaintiff's excessive force and failure to protect claims against him. Objections to R&R due by 12/21/2017 Case Review Deadline 12/26/2017. Signed by Magistrate Judge Therese Wiley Dancks on 12/4/17. (served on plaintiff by regular mail)(alh, )
March 16, 2018
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DECISION AND ORDER: ORDERED, that the 99 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. ยง 636(b)(1). ORDERED that 1. Defendants' motion for partial summary judgment (Dkt. No. 89) is GRANTED in part and DENIED in part; 2. Summary judgment is GRANTED in its entirety as to defendant Dumas and all claims against him are DISMISSED; 3. Summary judgment is GRANTED as to plaintiff's First Amendment retaliation claims against defendants Bedore and Dibble and those claims are DISMISSED; 4. Summary judgment is DENIED without prejudice as to plaintiff's Eighth Amendment excessive force and failure to protect claims against defendant Bedore; 5. The parties are provided sixty (60) days from the date of this Decision and Order to conduct additional discovery regarding the identification of the Sergeant alleged by plaintiff to have been involved in the laundry room assault on December 29, 2014; and 6. Defendant Bedore is provided thirty (30) days thereafter to file a second motion for summary judgment on plaintiff's excessive force and failure to protect claims. Signed by Judge David N. Hurd on 3/16/18. (served on plaintiff by regular mail) (alh, )