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16-611 - Johnson v. Ervin et al


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16-611 - Johnson v. Ervin et al
June 17, 2016
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ORDER and REPORT AND RECOMMENDATIONS - It is Ordered that 1. Plaintiff may proceed with his cause of action under 42 U.S.C. § 1983 for damages against defendant "M. Ervin" in his individual capacity based on Ervin's alleged use of excessive force against plaintiff in an incident that purportedly occurred on April 10, 2016 at SOCF. The United States Marshal shall serve a copy of the complaint, summons, the separate Order issued this date granting the plaintiff informa paup eris status, and this Order and Report and Recommendation upon defendant Ervin as directed by plaintiff, with costs of service to be advanced by the United States. 2.Plaintiff shall serve upon the defendant or, if appearance has been entered by counsel, upon defendant's attorney, 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 defendant or defendant's 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. It is Recommended that except for plaintiff's claim under 42 U.S.C. § 1983 for damages against defendant "M. Ervin" in his individual capacity based on his alleged use of excessive force against plaintiff in an incident that occurred on April 10, 2016 at SOCF, the complaint should be dismissed for failure to state a claim upon which relief may be granted by this Court. In addition, defendants Greene, Mahlman and Erdos should be dismissed as parties to this action.( Objections to R&R due by 7/5/2016). Signed by Magistrate Judge Karen L. Litkovitz on 6/16/2016. (jee)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 8, 2016
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ORDER adopting Report and Recommendation re 4 Report and Recommendation dismissing 3 Complaint for failure to state a claim. 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.)