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07-941 - Clark v. Johnston et al


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07-941 - Clark v. Johnston et al
July 12, 2007
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Memorandum Opinion and Order granting plaintiff's request for permission to proceed in forma pauperis (Doc. # 2). Pursuant to 28 U.S.C. § 1915, the total filing fee in the amount of $ 350.00 is due. Further, an initial partial fee in the amount of $ 24.53 is due and should be deducted from plaintiff's prisoner account, when funds are available therein, until the initial partial fee is paid. Thereafter, the prison cashier's office shall deduct, and forward to the court, 20% of the preceding month's income credited to the prisoner's account each time the amount in the account exceeds $10.00 until the full fee has been paid. Signed by Judge Sara Lioi on 7/12/2007. (S,S)
July 12, 2007
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Memorandum Opinion and Order. Plaintiff's claims against Deputy Warden Mr.Remmick, Assistant Inspector Ted Jackson, Institutional Inspector Tracy England, Paralegal Ms.Darnell Brady, Assistant Investigator Mr. Wylie, Administrative Assistant, Ms. Diana Carter, former Sergeant Shabazz, Captain Williams, Lieutenant Williams, Legal Department Supervisor Mrs. Linda Gabaner, and Ms. Salata are dismissed pursuant to 28 U.S.C. § 1915(e). His due process, equal protection, Eighth Amendment, and access to courts claims are also dismissed pursuant to 28 U.S.C. § 1915(e). Mr. Clark's retaliation claims are dismissed against Sergeant Johnston and Corrections Officer Lyons. The court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. This action will proceed solely against Ms. L. Johnson and Mr. Art James on Mr. Clark's retaliation claim. Signed by Judge Sara Lioi on 7/12/2007. (S,S)
September 12, 2008
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Interim Report and Recommendation: It is recommended that the Court grant defendants' motion for summary judgment on qualified immunity, insofar as it relates to alleged acts taken in retaliation for plaintiff's pursuit of an informal grievance that he voiced to DRC chief legal counsel during his tour of OSP, appeals from his criminal conviction, or other grievances upon which plaintiff was attempting to exhaust his administrative remedies; further, it is recommended that the Court grant defendants' motion for summary judgment on qualified immunity, insofar as it relates to his participation in a federal class action suit against OSP (Wilkinson v. Austin), and defendant L. Johnson's alleged participation in a false conduct report dated 6/2/05; further, it is recommended that defendants' motion for summary judgment on qualified immunity be denied, insofar as it relates to his participation in a federal class action suit against OSP (Wilkinson v. Austin), and defendant L. James' alleged participation in a false conduct report dated 5/12/05, 5/5/05, and 6/2/05; further, it is recommended that the Court deny as moot plaintiff's motion for summary judgment on the issue of qualified immunity (Related documents 75,67,1). Magistrate Judge George J. Limbert on 9/12/08. (S,AA) Modified on 11/23/2009 to create link (P,G). Modified on 3/24/2011 (M,V).
December 16, 2008
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Memorandum Opinion and Order: Pursuant to Fed.R.Civ.P. 72(b)(3), having conducted a de novo review of the objections to the Interim Report and Recommendation (Doc. No. 79), the Court accepts recommendations 1(a), 1(b) and 2, but rejects recommendation 1(c). Therefore, the Court grants defendants' motion for summary judgment on the issue of qualified immunity (Doc. No. 75) and denies plaintiff's motion for summary judgment on the issue of qualified immunity (Doc. No. 67). In addition, the Court grants Doc. No. 82, defendants' motion to withdraw responses to requests for admission. Judge Sara Lioi on 12/16/2008. (P,J)
October 7, 2011
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Memorandum Opinion and Order: For the reasons discussed, all of plaintiff's objections are overruled. The Court need not modify either of the Orders issued by the Magistrate Judge (Doc. Nos. 123 and 126) and they, therefore, stand as written. Judge Sara Lioi on 10/7/2011. (P,G)
January 15, 2013
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of Court within fourteen (14) days of service of this notice. Signed by Magistrate Judge George J. Limbert on 1/15/2013. (JLG) Modified on 2/6/2013 to create link (D,S).Report and Recommendation that the Court grant Defendants' motion for summary judgment, ECF Dkt. #161, and dismiss this case in its entirety with prejudice. Any objections to this Report and Recommendation must be filed with the Clerk
March 5, 2013
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VACATED 3/28/2013: Memorandum Opinion: The Court has reviewed the Magistrate Judge's report and recommendation (Doc. No. 174) and accepts the same. Accordingly, the Court grants defendants' motion for summary judgment (Doc. No. 161) and dismisses this action. Further, the Court certifies pursuant to 28 U.S.C. Section 1915(a)(3) that an appeal from this decision could not be taken in good faith. Judge Sara Lioi on 3/5/2013. (P,J) Modified on 3/28/2013 to create link to Doc. No. 183. (P,J).
March 28, 2013
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case is dismissed. Further, the Court certifies pursuant to 28 U.S.C. Section 1915(a)(3) that an appeal from this decision could not be taken in good faith. (Related Doc # 161, 174). Judge Sara Lioi on 3/28/2013. (P,J) Modified on 3/28/2013 to create link to Doc. No. 161. (P,J).Memorandum Opinion: To the extent plaintiff's objections to the Magistrate Judge's Report and Recommendation can be found to be proper and specific within the meaning of the relevant rules for de novo review, they are all overruled. Plaintiff having failed to establish any material factual dispute by reference to the record, and defendants being entitled to summary judgment on the sole remaining retaliation claim, defendants' motion for summary judgment is granted and this
July 6, 2016
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ioi on 7/6/2016. (S,He)Order: Upon the representation of parties and counsel, as memorialized in the Minutes of Proceedings from the settlement conference conducted on 7/6/2016 by Magistrate Judge George J. Limbert, that this action has been settled between the parties, this case is hereby dismissed. Final documents shall be filed for the Court's approval on or before 7/21/2016. The Court retains jurisdiction to resolve disputes concerning the settlement agreement in this matter. Case closed. Judge Sara L
July 7, 2017
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Order. For the reasons set forth herein, plaintiff's 254 emergency motion for reinstatement of proceedings, relief from judgment or, in the alternative, to enforce the settlement agreement is denied. See Order for complete details. Judge Sara Lioi on 07/07/2017.(M,TL)