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05-272 - Kinney v. Potter


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05-272 - Kinney v. Potter
May 27, 2008
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REPORT AND RECOMMENDATIONS that the Complaint be dismissed with prejudice as to the incidents of November 21, December 1, and December 21, 2001, and June 4 and July 1, 2002. All other claims should be dismissed without prejudice pending exhaustion of administrative remedies. Objections to R&R due by 6/13/2008. Signed by Magistrate Judge Michael R Merz on 5/27/2008. (gh1, )
July 17, 2008
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 38 ), AND OVERRULING PLAINTIFF'S OBJECTIONS THERETO (DOC. 40 ); PLAINTIFFS COMPLAINT DISMISSED WITH PREJUDICE AS TO THE INCIDENTS OF NOVEMBER 21, DECEMBER 1, AND DECEMBER 21, 2001, AND JUNE 4 AND JULY 1, 2002, WITH ALL OTHER CLAIMS BEING DISMISSED, WITHOUT PREJUDICE, PENDING PLAINTIFF'S EXHAUSTION OF ADMINISTRATIVE REMEDIES; JUDGMENT TO ENTER ACCORDINGLY; TERMINATION ENTRY. Signed by Judge Walter H Rice on 7/16/2008. (sc1, ) Modified on 7/18/2008 (phil1, ).