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14-935 - Thompson v. Ohio Department of Rehabilitation and Correction et al


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14-935 - Thompson v. Ohio Department of Rehabilitation and Correction et al
January 9, 2015
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REPORT AND RECOMMENDATIONS : IT IS RECOMMENDED THAT: The following causes of action alleged in the complaint, as amended (Docs. 1, 5), be DISMISSED on the ground that plaintiff has failed to state a claim upon which relief may be granted by this Court: (1) plaintiffs claims against defendants ODRC, Gilford, Sears, Morgan and Ford; and (2) any claim not specifically tied to any of the named defendants in this action, which stem from plaintiffs numerous general allegations complaining about a variety of matters, including the propriety of his criminal prosecution and conviction, the general conditions of his confinement, and treatment by prison staff and inmates over the course of the nearly fifteen-year period in which he has been incarcerated in various prisons in Ohio. It is FURTHER RECOMMENDED that plaintiff may proceed with limited claims for damages against defendants Henderson and Russ based on (1) Hendersons alleged use of excessive force against plaintiff on December 20, 2013 and alleged assault of plaintiff on another occasion in retaliation for plaintiffs exercising his First Amendment right to file grievances; and (2) Russs alleged violation of plaintiffs Eighth Amendment rights in an incident that occurred on September 22, 2013.Plaintiffs motion for temporary restraining order or preliminary injunction (Doc. 7) be DENIED. IT IS ORDERED THAT: The United States Marshal shall serve a copy of the complaint, summons, the separate Order issued this date granting the plaintiff in forma pauperis status, and this Order and Report and Recommendation upon the following defendant SOCF correctional officers as directed by plaintiff, with costs of service to be advanced by the United States: Mr. Henderson and Mr. Russ.. Signed by Magistrate Judge Stephanie K. Bowman on 1/9/2015. (jlw1)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 27, 2015
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SUPPLEMENTAL REPORT AND RECOMMENDATION re 9 Plaintiff's MOTION for Preliminary Injunction and for Temporary Restraining Order, 15 17 Plaintiff's Supplemental Complaint. IT IS RECOMMENDED that Plaintiff's "Supplemental Complaint(s)" 15 17 be STRICKEN from the record and that Plaintiff not be allowed to supplement the complaint, which he has already been permitted to amend once as a matter of course, with both the pleadings that were filed on 1/26/2015 and 2/17/2015 and any further supplements to the complaint that he may later seek to file in this action. To the extent that plaintiff has alleged the same claims that were previously asserted in the pro se complaint, as amended by the subsequent pleading filed on 12/22/2014, the undersigned has already addressed those claims in the 1/9/2015 Order and Report and Recommendation that is currently pending before the District Court judge. Moreover, Plaintiff should not be permitted to continue to add to his complaint, creating new causes of action against new defendants, after having once been allowed to do so and after issuance of the undersigned's 1/9/2015 Order and Report and Recommendation and service of process on the claims against defendants Henderson and Russ that have been allowed to proceed. It is FURTHER RECOMMENDED that Plaintiff's second motion for temporary restraining order/preliminary injunction 9 be DENIED. For the reasons stated in the 1/9/2015 Order and Report and Recommendation (see 11, pp. 12-13, at PAGEID#: 108-09), Plaintiff has not demonstrated that such affirmative relief is warranted in this case. Objections to R&R due by 3/16/2015. Signed by Magistrate Judge Stephanie K. Bowman on 2/27/2015. (km1) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 19, 2015
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REPORT AND RECOMMENDATION - it is RECOMMENDED that Plaintiff's motions for preliminary injunction and/or temporary restraining order 20 23 be DENIED. It is further RECOMMENDED that Plaintiff's motion to supplement the complaint 26 be DENIED. Objections to R&R due by 7/9/2015. Signed by Magistrate Judge Stephanie K. Bowman on 6/19/2015. (km)
June 29, 2015
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Henderson and Russ that have been allowed to proceed. It is further ORDERED that plaintiffs second motion for temporary restraining order/preliminary injunction (Doc. 9) is DENIED. Plaintiff has failed to demonstrate such affirmative relief is warranted. Signed by Judge Susan J. Dlott on 6/29/2015. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified to clarify docket text on 6/29/2015 (jlw).te a claim upon which relief may be granted by this Court: (1) plaintiffs claims against defendants ODRC, Gilford, Sears, Morgan and Ford; and (2) any claims not specifically tied to any of the named defendants in this action, which stem from plaintiffs numerous general allegations complaining about a variety of matters, including the propriety of his criminal prosecution and conviction, the general conditions of his confinement, and treatment by prison staff and inmates over the course of the nearly fifteen-year period in which he has been incarcerated in various Ohio prisons. It is further ORDERED that plaintiff may proceed with limited claims for damages against defendants Henderson and Russ. Plaintiffs motion for temporary restraining order or preliminary injunction is DENIED. Regarding 21 SUPPLEMENTAL REPORT AND RECOMMENDATION: Plaintiffs supplemental complaints (Docs 15 and 17) are STRICKEN from the record and plaintiff is not permitted to supplement the complaint which has already been amended once as a matter of course, with both the pleadings that were filed on January 26 and February 17, 2015 as well as any further supplements to the complaint. Plaintiff is not permitted to continue to add to his complaint, creating new causes of action against new defendants, after having once been allowed to do so and after the issuance of the January 9, 2015 Order and the Report and Recommendation and service of process on the claims against defendants ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS:with regard to the first Report and Recommendation, the following causes of actions alleged in the complaint, as amended (Docs. 1 and 5) are DISMISSED on the ground that plaintiff has filed to sta
July 21, 2015
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ORDER ADOPTING 31 REPORT AND RECOMMENDATIONS: The Court has reviewed the Report and Recommendation of United States Magistrate Judge Stephanie K. Bowman filed on June 19, 2015 (Doc. 31), to whom this case was referred pursuant to 28 U.S.C. ยง636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired July 9, 2015, hereby ADOPTS said Report and Recommendation. Accordingly, plaintiff's motions for a preliminary injunction and/or temporary restraining order (Docs. 20 and 23) are DENIED. Plaintiff's motion to supplement the complaint (Doc. 26) is also DENIED. Signed by Judge Susan J. Dlott on 7/21/2015. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified docket text on 7/22/2015 (sct).
August 24, 2015
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REPORT AND RECOMMENDATIONS re 30 Plaintiff's Motion for a Preliminary Injunction and/or Temporary Restraining Order, 34 Plaintiff's Motion to Amend Complaint. IT IS RECOMMENDED that these motions be DENIED. Objections to R&R due by 9/11/2015. Signed by Magistrate Judge Stephanie K. Bowman on 8/24/2015. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 29, 2015
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ORDER by Judge Susan J. Dlott denying 34 Motion to Amend/Correct; adopting Report and Recommendations re 38 Report and Recommendations.; denying 30 Motion for for a preliminary injunction and/or temporary restraining order. (vp)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 1, 2017
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REPORT AND RECOMMENDATIONS: It is recommended that Defendant's 69 MOTION for Summary Judgment be GRANTED, all pending motions and be DENIED as MOOT (59, 78) and this case be TERMINATED on the active docket of the Court. Objections to R&R due by 2/15/2017. Signed by Magistrate Judge Stephanie K. Bowman on 2/1/17. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 23, 2017
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ORDER ADOPTING 79 REPORT AND RECOMMENDATIONS : Accordingly, defendants motion for summary judgment (Doc. 69) is GRANTED. All otherpending motions are DENIED as MOOT (Docs. 59 and 78). This case is hereby TERMINATED fromthe docket of this Court. Signed by Judge Susan J. Dlott on 3/23/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)