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15-161 - Evans v. Fri et al


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15-161 - Evans v. Fri et al
April 28, 2015
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ORDER and REPORT AND RECOMMENDATIONS: It is recommended that the following causes of action alleged in the complaint be DISMISSED on the ground that plaintiff has failed to state a claim upon which relief may be granted by this Court: (1) plaintiff's claims against all defendants in their official capacities; (2) plaintiff's claims against defendant Warden; and (3) plaintiff's conspiracy claims against all defendants. It is FURTHER RECOMMENDED that plaintiff may proceed with his claims for damages against defendants Fri and Messer in their individual capacities for excessive force and failure to protect, and against defendant Hart in her individual capacity for deliberate indifference to serious medical needs. 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 defendants Garth Fri, Preston Messer, and Laura Hart as directed by plaintiff, with costs of service to be advanced by the United States. ( Objections to R&R due by 5/15/2015). Signed by Magistrate Judge Stephanie K. Bowman on 4/28/2015. (jee)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 19, 2015
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DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 7). Signed by Judge Timothy S. Black on 5/18/2015. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 8, 2015
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REPORT AND RECOMMENDATION re 17 Defendants' Motion to Clarify 12 Order Adopting Report and Recommendations. IT IS RECOMMENDED THAT, to the extend that Brittany Evans was not dismissed as a Defendant in this action by virtue of the Court's 3/19/2015 Decision and Entry adopting the 4/28/2015 Report and Recommendation, Plaintiff's claims against Defendant Brittney Evans should now be dismissed. Objections to R&R due by 6/25/2015. Signed by Magistrate Judge Stephanie K. Bowman on 6/8/2015. (km)(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 to Clarify on 6/8/2015 (km).
July 10, 2015
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DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 24). Plaintiff's claims against Brittney Evans are now DISMISSED. Signed by Judge Timothy S. Black on 7/10/2015. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 29, 2016
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REPORT AND RECOMMENDATIONS re 40 Plaintiff's Request to Discontinue Progress of Complaint Against Defendant Garth Fri, Preston Messer, and Laura Hart. IT IS RECOMMENDED that Plaintiff's motion to discontinue be CONSTRUED as a notice of voluntary dismissal under FRCP 41(a)(1); and that this case be DISMISSED WITHOUT PREJUDICE. Objections to R&R due by 3/17/2016. Signed by Magistrate Judge Stephanie K. Bowman on 2/29/2016. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 28, 2016
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DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 42). Signed by Judge Timothy S. Black on 3/28/2016. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)