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16-564 - Brooks v. Dalton et al


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16-564 - Brooks v. Dalton et al
June 16, 2016
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ORDER AND REPORT AND RECOMMENDATION re 1 Complaint filed by Ulious Brooks, granting 6 Plaintiff's Motion for Leave to File Amended Complaint. IT IS RECOMMENDED THAT: (1) Except for plaintiff's claims of conspiracy alleged in the amended complaint against defendants Erdos and Cool, all other claims alleged in the complaint and amended complaint against those defendants should be dismissed for failure to state a claim upon which relief may be granted by this Court; (2) Because the claims that have been allowed to proceed are closely tied to claims that are currently pending before the undersigned and District Judge Timothy S. Black in the related case filed by plaintiff (Case No. 1:15-cv-812), the instant case should be transferred to District Judge Timothy S. Black and remain with the undersigned for all further proceedings. IT IS ORDERED THAT: (1) Plaintiff may proceed with the following "Claims" for damages against the defendants in their individual capacities: the original complaint's "Claim Nos. 1-3, 9 and 12" alleged against defendant Dalton; and the conspiracy claims alleged in the amended complaint against defendants Erdos and Cool. 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 Jessica Dalton, Warden Erdos and Deputy Warden Cool as directed by plaintiff, with costs of service to be advanced by the United States; (2) Plaintiff shall serve upon the 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; (3) 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 7/5/2016. Signed by Magistrate Judge Stephanie K. Bowman on 6/16/2016. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 8, 2016
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ORDER adopting Report and Recommendation re 8 Report and Recommendation; this matter is transferred to the docket of the Honorable Timothy S. Black. Signed by Judge Michael R. Barrett on 8/5/16. (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, 2017
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ORDER granting 26 Motion for Leave to File additional evidence in support of his motion for summary judgment against Defendant Dalton, with the attached exhibits to be considered in support of his prior 23 motion. Plaintiff's two motions for summary judgment 20 and 23, shall be HELD IN ABEYANCE at this time pending Defendants' response. Plaintiff's motions for a court-appointed expert and for sanctions based upon alleged spoliation 21 and 22 are DENIED as moot for the reasons stated in Defendant's response in opposition, and in light of the Court's prior denial of the same motions in Case No. 1:15-cv-812. Defendants' Rule 56(d) motion to extend time to respond to Plaintiff's two motions for summary judgment 24 is GRANTED in part. Based upon the limited nature of the motions and the discovery deadline of April 3 in this case, Defendants shall file any response on or before 4/17/17. To the extent that the dismissal of closely related Case No. 1:15-cv-812 appears highly likely to impact some if not all of the claims asserted in this case, Defendants are encouraged to file any appropriate motion relating to the prior case at their earliest convenience. Signed by Magistrate Judge Stephanie K. Bowman on 1/12/17. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 12, 2017
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REPORT AND RECOMMENDATIONS re 20 23 Plaintiff's Motions for Summary Judgment, 35 Plaintiff's Motion for Default Judgment, 34 Defendants' Motion for Summary Judgment. IT IS RECOMMENDED THAT: (1) Plaintiff's two motions for summary judgment, filed 10/27/2016 and 10/28/2016 20 23 should be DENIED; (2) Plaintiff's motion for default judgment 35 should be DENIED as moot; (3) Defendants' motion for summary judgment 34 should be GRANTED for the reasons stated, with all claims dismissed with prejudice except for Plaintiff's pendent state law claim of libel against Defendant Dalton, which should be dismissed without prejudice; (4) Consistent with this Report and Recommendation, this case should be CLOSED. Objections to R&R due by 6/26/2017. Signed by Magistrate Judge Stephanie K. Bowman on 6/12/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 16, 2017
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DECISION AND ENTRY ADOPTING 39REPORT AND RECOMMENDATIONS. Plaintiff's two motions for summary judgment (Docs. 20, 23) are DENIED. Plaintiff's motion for default judgment (Doc. 35) is DENIED AS MOOT. Defendants' motion for summary judgment (Doc. 34) is GRANTED. All claims are accordingly DISMISSED WITH PREJUDICE except for Plaintiff's pendent state law claim against Defendant Dalton, which is DISMISSED WITHOUT PREJUDICE. This case shall be CLOSED. Signed by Judge Timothy S. Black on 8/16/17. (sct) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)