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04-230 - DEFRANCO v. WOLFE, et al


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04-230 - DEFRANCO v. WOLFE, et al
November 3, 2005
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ORDER denying 107 Motion for TRO . Signed by Judge Maurice B. Cohill on 11/2/05. (rw )
November 29, 2005
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court reporter transcribe the transcripts from the hearings held on April 22, 2005 (Doc. 83) and September 2, 2005 (Doc. 112). Said transcripts shall be filed and provide to counsel of record and Plaintiff. IT IS FURTHER ORDERED that Defendants shalORDER granting [133 & 135] Motion for Reconsideration and Amended Motion for Reconsideration insofar as the Court will reconsider its Order dated November 3, 2005 (Doc. 132), after receipt of the relevant transcripts. IT IS FURTHER ORDERED that the l file a response to Plaintiff's Motion for Reconsideration no later than ten days after said transcripts are filed. Any Reply by Plaintiff shall be due no later than five days after receipt of Defendant's Response. Signed by Judge Maurice B. Cohill on 11/29/2005. (rtw)
June 20, 2006
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ORDER denying re 179 Appeal of Magistrate Judge Decision to District Court filed by ANTHONY DEFRANCO, denying 186 Appeal of Magistrate Judge Decision to District Court filed by ANTHONY DEFRANCO, denying 180 Appeal of Magistrate Judge Decision to District Court filed by ANTHONY DEFRANCO, and denying 181 Appeal of Magistrate Judge Decision to District Court filed by ANTHONY DEFRANCO. Signed by Judge Maurice B. Cohill on 6/20/2006. (kmw)
November 7, 2006
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ORDER denying re 240 Appeal of Magistrate Judge Decision to District Court filed by ANTHONY DEFRANCO. Signed by Judge Maurice B. Cohill on 11/7/2006. (kmw)
February 28, 2007
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REPORT AND RECOMMENDATIONS recommending that: 191 MOTION for Partial Summary Judgment filed by ANTHONY DEFRANCO be denied; 201 Cross MOTION for Summary Judgment filed by JUDY JACKSON, STEVE REILLY, JEFFREY BEARD, WILLIAM WOLFE, ROD SHOWERS, WILLIAM BARR, DENESE BUNNER, MARILAND BROOKS, be granted in part and denied in part; and 229 MOTION for Summary Judgment filed by ANTHONY DEFRANCO be denied. Objections to R&R due by 3/19/2007. Signed by Judge Susan Paradise Baxter on 02/27/2007. (fcf)
June 12, 2007
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ORDER that, upon reconsideration, 132 Opinion and Order is VACATED only as to its analysis supporting the denial of 107 Motion for Temporary Restraining Order. For the reasons stated herein, 107 Motion for Temporary Restraining Order is DENIED. Further ordered that to the extent that 133 Motion for Reconsideration and 135 Amended Motion for Reconsideration sought relief in the form of a preliminary injunction or temporary restraining order prohibiting the defendants from transferring plaintiff to another prison, said requests are DENIED. Signed by Judge Maurice B. Cohill on 6/11/2007. (kmw)
June 12, 2007
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ORDER denying 191 Motion for Partial Summary Judgment; denying 201 Cross-Motion for Summary Judgment; denying 229 Cross-Motion for Summary Judgment; and adopting in part re 272 Report and Recommendation as Opinion of Court as to Plaintiff's retaliatory transfer claim, along with Court's analysis herein. Matter recommitted to the Magistrate Judge to consider Defendant's remaining arguments in favor of summary judgment. Further ordered that no party shall file additional evidence or argument on any of the issues already briefed without first seeking leave of Court. Signed by Judge Maurice B. Cohill on 6/11/2007. (kmw)
June 21, 2007
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6/21/2007. (kmw)ORDER denying 280 Motion for Reconsideration of 279 Order. Further ordered that the issue raised in 280 Motion for Reconsideration is referred to the Magistrate Judge for disposition as set forth in Order. Signed by Judge Maurice B. Cohill on
June 22, 2007
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ORDER vacating 282 Order. Further ORDERED that 280 MOTION for Reconsideration filed by ANTHONY DEFRANCO is granted to the extent that Court will consider the issue raised by Plaintiff. Upon Reconsideration, Court affirms its prior 279 Order. Signed by Judge Maurice B. Cohill on 6/21/2007. (kmw)
November 8, 2007
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REPORT AND RECOMMENDATION that 201 Cross MOTION for Summary Judgment filed by DENESE BUNNER, JEFFREY BEARD, WILLIAM BARR, JUDY JACKSON, WILLIAM WOLFE, ROD SHOWERS, MARILAND BROOKS, STEVE REILLY, be granted in part and denied in part as follows: 1) Summary Judgment should be granted in favor of Defendants with regard to Plaintiffs retaliation claim related to the removal of his z-code status in June 2002 allegedly as a result of the misconduct that was filed against Plaintiff for threatening to kill a corrections officer, and such claim should be dismissed; 2) Summary Judgment should be denied with regard to Plaintiffs retaliation claim related to the removal of his z-code status in June 2002 allegedly as a result of Plaintiffs comment to Defendant Showers that he intended to sue the institution for losing his tennis shoes, and such claim should be allowed to proceed to trial; and 3) Summary Judgment should be denied with regard to Plaintiffs Eighth Amendment deliberate indifference claim related to the removal of, and refusal to reinstate, Plaintiffs z-code status, and such claim should be allowed to proceed to trial.Furthermore, in accordance with District Judge Cohills previous Order dated June 12, 2007 (Document # 279), Plaintiffs retaliatory transfer claim against Defendant Barr should be allowed to proceed to trial. Objections to R&R due by 11/26/2007. Signed by Judge Susan Paradise Baxter on 11/8/07. (lrw)
March 4, 2008
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OPINION and ORDER granting 201 Cross MOTION for Summary Judgment filed by DENESE BUNNER, JEFFREY BEARD, WILLIAM BARR, JUDY JACKSON, WILLIAM WOLFE, ROD SHOWERS, MARILAND BROOKS, STEVE REILLY, and adopting in part and rejecting in part 288 REPORT AND RECOMMENDATION re 201 Cross MOTION for Summary Judgment filed by DENESE BUNNER, JEFFREY BEARD, WILLIAM BARR, JUDY JACKSON, WILLIAM WOLFE, ROD SHOWERS, MARILAND BROOKS, STEVE REILLY. Signed by Judge Maurice B. Cohill on 3/3/2008. (sjs)