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17-1008 - Walker v. Bellnier et al


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17-1008 - Walker v. Bellnier et al
November 3, 2017
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DECISION AND ORDER: ORDERED that Plaintiff's in forma pauperis application (Dkt. No. 2) is GRANTED. ORDERED that Plaintiff's § 1983 claims for monetary damages against defendants in their official capacity are DISMISSED with 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. 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) Fourteenth Amendment Due process claims related to Plaintiff's initial placement in administrative segregation, the June 2014 rehearing, and the Pilot Incentive Program; (2) Fourteenth Amendment substantive Due Process claims; (3) Eighth Amendment claims related to Plaintiff's conditions of confinement; (4) Eighth Amendment claims related to Plaintiff's serious medical needs; and (5) Eighth Amendment claim against Cook related to threats. ORDERED that Plaintiff's Fourteenth Amendment Due Process claims related to his continued confinement in administrative segregation against Cook, Uhler, Bellnier, Fitchette, and Woodruff survive the Court's sua sponte review under 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) and requires a response. ORDERED, that upon receipt from Plaintiff of the documents required for service of process, the Clerk shall issue a summonses and forward them, along with copies of the Complaint, to the United States Marshal for service upon the defendants. The Clerk shall forward a copy of the summonses and Complaint to the Office of the Attorney General, together with a copy of this Decision and Order. ORDERED that Plaintiff's motion for a preliminary injunction (Dkt. No. 4) is DENIED. Signed by Chief Judge Glenn T. Suddaby on 11/3/17. (served on plaintiff by regular mail) (alh, )
January 10, 2018
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DECISION AND ORDER: ORDERED that the Amended Complaint (Dkt. No. 8) is accepted for filing and is deemed the operative pleading. ORDERED that the following claims are DISMISSED 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) Plaintiff's § 1983 claims for monetary damages against defendants in their official capacity; (2) Fourteenth Amendment Due Process claims based upon Plaintiff's Initial Placement in Administrative Segregation; (3) Fourteenth Amendment Equal Protection claims; and (4) claims based upon the violation of DOCCS' directives. ORDERED that Plaintiff's Fourteenth Amendment Due Process claims related to his continued confinement in Administrative Segregation and post-hearing reviews survive the Court's sua sponte review under 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) and require a response. ORDERED, that the Clerk shall issue a summonses and forward them, along with copies of the Amended Complaint, to the United States Marshal for service upon the defendants. The Clerk shall forward a copy of the summonses and Amended Complaint to the Office of the Attorney General, together with a copy of this Decision and Order. ORDERED, that a response to the Amended Complaint be filed by the defendants, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Chief Judge Glenn T. Suddaby on 1/9/18. (served on plaintiff by regular mail)(alh, )