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06-1302 - Kimmie v. Wilkerson et al


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06-1302 - Kimmie v. Wilkerson et al
September 14, 2006
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Memorandum of opinion and order - plaintiff's claims against Reginald Wilkinson, Ms. Wilson, J. Edwards, Miles Durfey, Daniel Borchert, B. Barleson, Gary Croft, Gregory Trout, Larry Yoder, and Mr. Hartman, and his claims of harrassment against Corrections Officers Alexander and Davis, are dismissed with prejudice. His remaining claims against Warden Konteh, Warden Bobby, Mr. Smith, Mr. Davis, Mr. Hans, Ms. Brown, Dr. Bonaventure, Mr. Urbanna, Mr. Horton, Mr. Teroch, Ms. Burtile, Ms. Hill, William Elby and Mr. Logan are dismissed without prejudice. An appeal from this decision could not be taken in good faith. This case shall proceed solely against Dr. Stabil and Officer Alexander. The Clerk's office is directed to forward appropriate documents to the US Marshal for service of process and shall include a copy of this order in the documents to be served upon defendants. Signed by Judge John R. Adams on 9/13/06. (S, He)
January 18, 2007
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Interim Report and Recommendation: It is recommended that the Court deny the motion to dismiss of the Ohio Department of Rehabilitation and Correction; it is further recommended that the Court extend the 120-day time limit for an additional 45 days in order for petitioner to perfect service; further, it is recommended that the Court order the Clerk's Office to make copies of the complaint exhibits for forwarding to the U.S. Marshal for service of process upon defendants Alexander and Stabil, if and when petitioner obtains a current address; further, it is recommended that the Court direct petitioner to address all further filings in this case to the Clerk of Courts in Akron, Ohio (Related document 23). Approved by Magistrate Judge George J. Limbert on 1/18/07. (S,AA)
February 6, 2007
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Order denying Plaintiff's Motion for reconsideration. Related Doc # 15 Signed by Judge John R. Adams on 02/06/07. (D,T)
February 6, 2007
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Order Adopting Report and Recommendation (Related documents 33, 35, 31, 30, 26, 23, 25). Plaintiff's 120-day time limitation to serve the remaining defendants is extended for 45 days from the date of this Order. Clerk of Court is ordered to make copies of the exhibits to the complaint for forwarding to the U.S. Marshal for service of process upon Defendant Alexander and Defendant Stabil, if and when Plaintiff obtains current addresses. Plaintiff is to address all further pleadings, motions or other filings to Clerk of Court in Akron, Ohio. Signed by Judge John R. Adams on 02/06/07.(D,T) Modified docket text on 2/7/2007 (R, N).
February 6, 2007
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Order denying Plaintiff's Motion to rule on his motion for preliminary injunction as moot as the Court has already ruled on these issues (Related Doc # 34) and denying Plaintiff's Motion for Order as moot (Related Doc # 32). Signed by Judge John R. Adams on 02/06/07. (D,T) Modified docket text on 2/7/2007 (R, N).
June 11, 2007
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Order Adopting Interim Report and Recommendation. Plaintiff's Motion for Order 50 is DENIED AS MOOT. Plaintiff's Motion for Entry of Judgment 54 is DENIED AS MOOT. Plaintiff's Motion to Compel Completion of Service 55 was previously addressed by document #57 and Plaintiff's Motion for Summary Judgment 55 is DENIED. Signed by Judge John R. Adams on 06/11/07.(D,T) Modified text on 6/12/2007 (S, T).
June 22, 2007
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Report and Recommendation: It is recommended, sua sponte, that plaintiff's claims against defendants Alexander and Stabile be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m). Signed by Magistrate Judge George J. Limbert on 6/22/07.(S,AA)
January 31, 2008
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Memorandum, Opinion, and Order Adopting the Report and Recommendation 74 of the Magistrate Judge and dismissing this matter without prejudice for failure to perfect service. Signed by Judge John R. Adams on 1/31/08. (K,C)