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17-425 - Thomas v. Kinderman et al


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17-425 - Thomas v. Kinderman et al
December 4, 2017
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REPORT AND RECOMMENDATION: RECOMMENDED that Defendants' motion for summary judgment (Dkt. No. 18) be GRANTED in part and DENIED in part. RECOMMENDED that summary judgment be GRANTED to Defendant C.O. Janochowski. RECOMMENDED that Plaintiff's Eighth Amendment excessive force claim against Defendant C.O. Janochowski be DISMISSED with prejudice for failure to exhaust. RECOMMENDED that summary judgment be DENIED without prejudice to Defendant Deputy Supt. Kinderman. 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. {r&r served via regular mail on plaintiff}(nas, )
March 22, 2018
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DECISION AND ORDER: ORDERED that 26 REPORT AND RECOMMENDATION is ACCEPTED IN WHOLE. ORDERED that Defendants' 18 motion for summary judgement is GRANTED as to defendant Janochowski and the complaint against him DISMISSED with prejudice. Defendants' 18 motion for summary judgement is DENIED as to defendant Kinderman. Plaintiff's 31 request to withdraw his remaining claim against defendant Kinderman is GRANTED and the complaint against defendant Kinderman is DISMISSED without prejudice. Signed by Judge David N. Hurd on 3/22/18. {order served via regular mail on plaintiff}(nas, )