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16-166 - BROWN v. CLARK et al


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16-166 - BROWN v. CLARK et al
February 3, 2017
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REPORT AND RECOMMENDATION re 28 MOTION for Preliminary Injunction filed by GREGORY GARRETT BROWN, and 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BEHRINGER, BARNES, FEIKLES, SAYERS, T. WELTON, D.S. CRUZ, ANDERSON, O'BRIEN, NEWEL, BEDDICK, D. BROWN, ROSENBERG, CARL H. FRANZ, CLARK, SKINNER, WATSON, SEELY, MICHALE, FOX, B. A. LARSEN, DOUGLAS, J.D. HAPPART, BROWN, EDDY, PIERSON, B.O. BOYD, ROTH, RUTH, WATKINS, MELINDA ADAMS, MICHAEL IVAN, WAIDE. It is respectfully recommended that the motion to dismiss be converted into a motion for summary judgment on the issue of exhaustion and that summary judgment be granted to Defendants. Further, it is recommended that Plaintiff's motion for preliminary injunction be denied as moot as it is recommended that summary judgment be granted to defendants. Defendants' Objections, if any, to R&R due by 2/17/2017 Plaintiff's Objections, if any, to R&R due by 2/21/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 2/3/2017. (bsc)
February 28, 2017
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ORDER denying as moot 28 Motion for Preliminary Injunction; granting 44 Motion to Dismiss for Failure to State a Claim; adopting 72 Report and Recommendation. Signed by Judge Barbara Rothstein on 2/28/2017. (nk)