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14-2584 - Powell v. United States of America


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14-2584 - Powell v. United States of America
December 4, 2015
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Report and Recommendation: It is recommended that the Court deny plaintiff's motions for summary judgment (Related documents 12 and 28), deny defendants United States of America and Bureau of Prisons' motion to dismiss and/or motion for summary judgment, insofar as it pertains to summary judgment on the merits, and grant defendants' motion to dismiss and/or motion for summary judgment, insofar as it pertains to dismissal of this case otherwise than on the merits, without prejudice (Related document 43). Signed by Magistrate Judge George J. Limbert on 12/4/15. (S,AA)
March 28, 2016
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Memorandum of Opinion and Order For the reasons set forth herein, the Court overrules Defendants' objection (ECF No. 61) and Powell's objection (ECF No. 65), and adopts the Magistrate Judge's Report and Recommendation (ECF No. 59). Powell's Amended Motion for Summary Judgment (ECF No. 28) is denied on the merits; his earlier filed Motion for Summary Judgment (ECF No. 12) is denied as moot. Defendants' Motion to Dismiss and/or Motion for Summary Judgment is granted in part and denied in part (ECF No. 43), as described herein and in the Report and Recommendation. The case is dismissed without prejudice. The Court certifies, pursuant to 28 U.S.C. ยง 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Benita Y. Pearson on 3/28/2016. (JLG)