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16-514 - Payne v. Gifford et al


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16-514 - Payne v. Gifford et al
June 30, 2016
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ORDER AND REPORT AND RECOMMENDATIONS signed by Magistrate Judge Stephanie K. Bowman on 6/30/16. IT IS RECOMMENDED THAT: Plaintiffs claims against defendant Mahlman be DISMISSED on the ground that plaintiff has failed to state a claim upon which relief may be granted by this Court. IT IS ORDERED THAT: 1. 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 Gifford, Dillow, and Tipton, as directed by plaintiff. ( Objections to R&R due by 7/18/2016) (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 6/30/2016 (eh).
September 16, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Report and Recommendations. Plaintiff's claims against defendant Mahlman are DISMISSED consistent with the recommendation by the Magistrate Judge. Signed by Judge Michael R. Barrett on 9/16/16. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 10, 2017
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Bowman on 3/10/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)ORDER granting in part 30 Plaintiff's Motion to Compel, with all overdue discovery (including any remaining document production and Defendant Tipton's responses to interrogatories) to be produced to Plaintiff by Defendants on or before 3/27/2017; denying 34 Plaintiff's Third Motion to Compel; denying 36 Plaintiff's Motion for Default Judgment; denying 33 Plaintiff's Motion to Amend/Correct Complaint. This appears to be a letter rather than a motion; even if construed as a motion, it appears primarily to relate to discovery requests, and fails to attach a copy of any proposed amended complaint or otherwise identify any new constitutional claims or defendants. Signed by Magistrate Judge Stephanie K.
July 14, 2017
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MEMORANDUM OPINION ORDER - (1) Plaintiff's motion to appoint counsel and Defendants' motion to strike 38 41 are both DENIED; (2) Defendants' motion to rescind or set aside the Court's 3/10/2017 Order 39 is DENIED, but the Court accepts and recognizes Defendants' full compliance with that Order; (3) Plaintiff's motion to amend/correct his complaint 50 is DENIED for the procedural reasons stated, including the lack of timeliness and clear prejudice to the Defendants; (4) Plaintiff's motion to compel Defendants to allow him his own copy of a disc containing DVR footage previously submitted to this Court 51 is DENIED; (5) Plaintiff's motion for an extension of time to complete discovery, as construed as a motion to reopen discovery 52 is DENIED; (6) Notwithstanding the denial of Plaintiff's motions to compel or to reopen discovery, on or before 7/31/2017, Defendants shall file a status report with this Court that states: (a) Whether all DVR footage from the incident was preserved; (b) If any portion of the relevant DVR footage was not preserved, the basis for that failure of preservation; (c) Whether any additional video, or improved quality of video, exists other than that previously submitted to this Court as an exhibit to Defendants' motion for summary judgment. In the event that such additional video does exist, Defendants also shall file a copy with the Court and provide access to the Plaintiff. In light of paragraph 6 of this Order and in the interests of justice, Plaintiff is provided an extension up to and including 8/15/2017 in which to file his response to Defendants' pending motion for summary judgment. If Plaintiff fails to file any timely response, this Court will consider Defendants' motion unopposed and may grant said motion to the extent it is factually and legally supported. Signed by Magistrate Judge Stephanie K. Bowman on 7/14/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 5, 2017
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REPORT AND RECOMMENDATIONS re 44 Defendants' Motion to Dismiss, 49 Defendants' Motion for Summary Judgment. IT IS RECOMMENDED THAT Defendants' motion for summary judgment 49 be GRANTED on all grounds asserted except exhaustion and that Defendants' motion to dismiss 44 be DENIED. IT IS FURTHER RECOMMENDED that this case be dismissed with prejudice, and closed. Objections to R&R due by 9/19/2017. Signed by Magistrate Judge Stephanie K. Bowman on 9/5/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 28, 2017
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een sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)ORDER adopting Report and Recommendation re 55 Report and Recommendation denying 44 Motion to Dismiss for Lack of Jurisdiction; granting 49 Motion for Summary Judgment. Signed by Judge Michael R. Barrett on 9/28/17. (ba)(This document has b