Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

15-553 - Thompson v. Esham et al


Download Files

Metadata

Document in Context
15-553 - Thompson v. Esham et al
October 2, 2015
PDF | More
ORDER AND REPORT AND RECOMMENDATIONS signed by Magistrate Judge Stephanie K. Bowman on 10/2/2015. IT IS RECOMMENDED THAT: The following causes of action alleged in the plaintiffs complaint be DISMISSED on the ground that plaintiff has failed to state a claim upon which relief may be granted by this Court: (1) any claim against defendant Rogers in the absence of any allegations against Rogers in the substance of the complaint; (2) plaintiffs claim against defendant McCrosky for the loss or destruction of plaintiffs personal property; and (3) plaintiffs claims against defendants Sears, Hutchinson, Henson, Lewis, Layne and Butterbaugh for their alleged big dog/pet cannibaldehumanizing practices. IT IS ORDERED THAT: Plaintiff is to submit within thirty (30) days of the date of this Order two (2) copies of the complaint so that the named defendants who remain in the caseLt. Esham and NurseHartmay be served. ( Objections to R&R due by 10/19/2015). (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 19, 2015
PDF | More
ORDER AND REPORT AND RECOMMENDATION signed by Magistrate Judge Stephanie K. Bowman on 11/19/15. IT IS RECOMMENDED THAT: Plaintiff's 10 Amended Complaint submitted as an addition to the original complaint be DISMISSED for failure to state a claim upon which relief may be granted, except that plaintiff is allowed to proceed on the following new claims: (1) claim against defendantsEsham and Rogers based on their alleged use of excessive force in an incident that occurred on June 11, 2015 at SOCF; (2) claim against two John Doe defendants based on their participation in the incident involving the alleged use of excessive force that occurred on January 25, 2015 at SOCF; and (3) claims against defendants Duke Cool and Cynthia Davis for failing to protect him from known risks to this safety. See 28 U.S.C. ยงยง 1915(e)(2)(B) and 1915A(b).IT IS ORDERED THAT: 1. Plaintiffs 10 motion to file an amended complaint is GRANTED. 2. The 7 Order and Report and Recommendation issued October 2, 2015 addressing plaintiffs original complaint remains in effect, except that the recommendation in that Rogers be dismissed as a defendant in this action is VACATED. 3. To the extent that plaintiff has submitted completed summons and United States Marshal forms for the defendants named in the original and amended complaints, the United States Marshal shall serve a copy of the original 6 COMPLAINT, 10 Amended Complaint, summons, the 5 ORDER GRANTING PRISONER IN FORMA PAUPERIS STATUS, the 7 ORDER AND REPORT AND RECOMMENDATIONS, and this Order and Report and Recommendation upon the following defendants who remain in the case, as directed by plaintiff: Lt. Esham, Nurse Hart, Lt. Rogers, Duke Cool, and Cynthia Davis. All costs of service shall be advanced by the United States. To the extent that plaintiff has not submitted summons and United States Marshal forms for any of the above listed defendants who remain in this action, plaintiff is ORDERED to submit completed summons and United States Marshal forms for those defendants within thirty (30) days of the date of this Order. The Clerk of Court is DIRECTED to send summons and United States Marshal forms to plaintiff for this purpose. In addition, before service may be issued upon the John Doe defendants who remain in this action, plaintiff must file a motion to issue service setting forth the identity of those defendants. Plaintiff must also provide updated United States Marshal and summons forms for service on each John Doe defendant once he has discovered his or her identity. Plaintiff is therefore ORDERED to file a motion to issue service, including updated United States Marshal and summons forms, if and when plaintiff discovers the identity of the John Doe defendants through discovery. Plaintiff is advised that no service will be issued on the John Doe defendants unless plaintiff complies with this Order. (Objections to R&R due by 12/7/2015). (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 22, 2016
PDF | More
Signed by Judge Michael R. Barrett on 2/22/16. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 2/24/2016 (ba) to edit docketing text and to regenerate a NEF.ORDER adopting Report and Recommendation re 7 and 13 Report and Recommendation; Plaintiff's claims against Defendant McCrosky and Defendants Sears, Hutchinson, Henson, Lewis, Layne and Butterbaugh are dismissed for failing to state a claim.
March 7, 2016
PDF | More
REPORT AND RECOMMENDATIONS re 12 14 16 Plaintiff's Motions for Temporary Restraining Order and/or Preliminary Injunction. IT IS RECOMMENDED that Plaintiff's motions for a temporary restraining order and/or preliminary injunction should be DENIED. Objections to R&R due by 3/24/2016. Signed by Magistrate Judge Stephanie K. Bowman on 3/7/2016. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 10, 2016
PDF | More
ORDER adopting Report and Recommendation re 26 Report and Recommendation denying 12 14 and 16 Motions for Temporary Restraining Order and/or Preliminary Injunctions. Signed by Judge Michael R. Barrett on 8/10/16. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 12, 2018
PDF | More
REPORT AND RECOMMENDATIONS re 71 Defendants' Motion for Summary Judgment. IT IS RECOMMENDED that Defendants' Motion for Summary Judgment 71 be GRANTED and that all claims against Defendants Eshem, Rogers, Hart, Cool and Davis be DISMISSED with prejudice. Objections to R&R due by 1/26/2018. Signed by Magistrate Judge Stephanie K. Bowman on 1/12/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)