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16-487 - Gallant v. Cadogan et al


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16-487 - Gallant v. Cadogan et al
May 3, 2016
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ORDER and REPORT AND RECOMMENDATIONS - It is recommended that the following portions of the complaint should be dismissed for failure to state a claim upon which relief may be granted: (1) claims against defendants Cadogan and Clagg in plaintiff's first cause of action; (2) claims alleged in plaintiff's second cause of action, except for the claims brought against the "John/Jane Doe" defendant who allegedly exposed plaintiff to a harmful chemical substance on July 2, 2015 and the "John/Jane Doe" defendants who allegedly refused to provide medical treatment for injuries suffered in that incident; and (3) plaintiff's third cause of action. In addition, the following named defendants should be dismissed from this action: Mr. Holden; Anthony Cadogan; Rossena Clagg; Mrs. Mahlman; Mr. Roger Wilson; and Mr. Eugene Hunyadi. It is Ordered that 1. Plaintiff may proceed with the following claims alleged in his complaint: his first cause of action to the extent that plaintiff has alleged a claim against defendant Ahmed based on the failure to treat a broken bone and infection in plaintiff's right hand, as well as a claim against defendant Ahmed and unidentified "John/Jane Doe" defendants for assaulting plaintiff during a medical examination on March 9, 2015; his second cause of action to the extent that plaintiff has alleged claims against a "John/Jane Doe" defendant for committing a retaliatory act by exposing plaintiff to a harmful chemical substance on July 2, 2015, and against "John/Jane Doe" defendants who allegedly refused to provide medical treatment for injuries suffered in that incident; and his fourth cause of action for alleged "U.S. mail tamperings and obstructions," which has been brought against defendants Cool, Frazie, Whittman, Mead, Satterfield, and "other unidentified state officials." 2. 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 defendants as directed by plaintiff, with costs of service to be advanced by the United States: Faisal Ahmed; Mr. Cool; Captain Whittman; Lieutenant Frazie; Mr. Satterfield; and Mr. Mead. Plaintiff is advised that before service may be issued upon any of the remaining "John/Jane Doe" defendants, he 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 of the unknown defendants once their identities are discovered. 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 remaining "John/Jane Doe" defendants through discovery. No service will be issued on those defendants unless plaintiff complies with this Order. 3. Plaintiff shall serve upon defendants or, if appearance has been entered by counsel, upon defendants' attorney(s), a copy of every further pleading or other document submitted for consideration by the Court. Plaintiff shall include with the original paper to be filed with the Clerk of Court a certificate stating the date a true and correct copy of any document was mailed to defendants or their counsel. Any paper received by a district judge or magistrate judge which has not been filed with the Clerk or which fails to include a certificate of service will be disregarded by the Court. 4. Plaintiff shall inform the Court promptly of any changes in his address which may occur during the pendency of this lawsuit. ( Objections to R&R due by 5/20/2016). Signed by Magistrate Judge Karen L. Litkovitz on 5/2/2016. (jee)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 16, 2016
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mail to the party(ies) listed in the NEF that did not receive electronic notification.)REPORT AND RECOMMENDATION that plaintiff's 4 MOTION for a preliminary injunction should be Denied. Objections to R&R due by 9/2/2016. Signed by Magistrate Judge Karen L. Litkovitz on 8/16/2016. (art)(This document has been sent by regular
September 20, 2016
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ORDER granting defendants' 22 Motion to Strike plaintiff's reply to defendants' answer. The Clerk is directed to strike plaintiff's 19 notification of defendants factitious denials in response to complaint. Signed by Magistrate Judge Karen L. Litkovitz on 9/20/2016. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 3, 2017
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ORDER adopting Report and Recommendation re 24 Report and Recommendation denying 4 Motion for Preliminary Injunction. Signed by Judge Michael R. Barrett on 12/30/16. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 7, 2017
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ORDER granting defendants' 44 Motion to extend the dispositive motion deadline and granting plaintiff's 38 & 45 Motions to extend the discovery deadline in this matter. The discovery deadline is extended to 8/7/2017 and the dispositive motion deadline is extended to 9/5/2017. Signed by Magistrate Judge Karen L. Litkovitz on 6/7/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 26, 2017
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ORDER that the discovery and dispositive motion deadlines set forth in the Court's Order dated 6/7/2017 47 are Stayed pending the District Judge's ruling on plaintiff's objections and further Order of the Court. Signed by Magistrate Judge Karen L. Litkovitz on 6/26/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 18, 2017
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ORDER adopting Report and Recommendation re 5 Report and Recommendation. Signed by Judge Michael R. Barrett on 8/18/17. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 29, 2017
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REPORT AND RECOMMENDATION that plaintiff's 36 MOTION for leave to proceed and for authorization and acceptance of filings be Denied, and that plaintiff's 37 MOTION for Joinder of parties-defendants be Denied. Objections to R&R due by 9/12/2017. Signed by Magistrate Judge Karen L. Litkovitz on 8/28/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 7, 2017
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ORDER that the parties' 58 & 59 Motions to extend the discovery and dispositive motion deadlines are Granted. The case scheduled is modified as follows: Discovery deadline set for 12/18/2017, Dispositive Motion deadline set for 1/16/2018. REPORT AND RECOMMENDATION that plaintiff's 55 MOTION for Judicial Analysis/Acknowledgment of Amended Pleading be Denied. ( Objections to R&R due by 12/21/2017). Signed by Magistrate Judge Karen L. Litkovitz on 12/7/2017. (art)(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 12/7/2017 (jlw).
January 12, 2018
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ORDER adopting Report and Recommendation re 60 Report and Recommendation denying 55 Motion for Judicial Analysis. Signed by Judge Michael R. Barrett on 1/11/18. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)