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15-718 - Curtis v. Bola et al


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15-718 - Curtis v. Bola et al
August 4, 2015
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DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. 2) is GRANTED. ORDERED that the following claims are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted: (1) Eighth Amendment deliberate indifference claims; (2) Eighth Amendment conditions of confinement claims: (3) Eighth Amendment excessive force claims: (4) due process claims; (5) state law claims against Lucia; and (6) conspiracy claims. ORDERED that Lucia is DISMISSED without prejudice as a defendant. ORDERED, that the Clerk shall issue a summons and forward it, along with copies of the complaint, to the United States Marshal for service upon the remaining defendants. Signed by Chief Judge Gary L. Sharpe on 8/4/15. (served on plaintiff by regular mail) (alh, )
November 1, 2016
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ORDER AND REPORT AND RECOMMENDATION: RECOMMENDED that Defendants' motion for summary judgment (Dkt. No. 29) be DENIED. RECOMMENDED that the District Court direct that this matter be scheduled for an evidentiary hearing on the issue of exhaustion of administrative remedies. Objections to R&R due by 11/18/2016 Case Review Deadline 11/22/2016. Signed by Magistrate Judge Therese Wiley Dancks on 11/1/16. (served on plaintiff by regular mail)(alh, ) (Main Document 35 replaced on 11/1/2016) (alh, ).
January 12, 2017
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ORDER: ORDERED that the Order and Report and Recommendation (Dkt.No. 35) is ADOPTED in its entirety. ORDERED that defendants motion for summary judgment (Dkt. No. 29) is DENIED. ORDERED that this matter be scheduled for an evidentiary hearing on the issue of exhaustion of administrative remedies before Judge Dancks. Signed by Senior Judge Gary L. Sharpe on 1/12/17. (served on plaintiff by regular mail) (alh, )
November 28, 2017
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ORDER AND REPORT AND RECOMMENDATION: RECOMMENDED that the District Court determine that the exhaustion remedies under the DOCCS IGP were rendered unavailable to Plaintiff with regard to Grievances CL-65115-14 and CL-65307-14, and that his claims in this action are not barred by the PLRA based upon his failure to exhaust, and that the matter be set down for trial of Plaintiff's remaining claims. Objections to R&R due by 12/15/2017 Case Review Deadline 12/19/2017. Signed by Magistrate Judge Therese Wiley Dancks on 11/27/17. (served on plaintiff by regular mail)(alh, )
January 3, 2018
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ORDER: ORDERED that the Report-Recommendation and Order (Dkt. No.58) is ADOPTED in its entirety. ORDERED that the exhaustion remedies under the DOCCS IGP were rendered unavailable to Plaintiff with regard to Grievances CL-65115- 14 and CL-65307-14, and that his claims in this action are not barred by the PLRA based upon his failure to exhaust, and that the matter be set down for trial on Plaintiff's remaining claims. Signed by Senior Judge Gary L. Sharpe on 1/3/18. (served on plaintiff by regular mail) (alh, )