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06-160 - YOUNG v. BEARD et al


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06-160 - YOUNG v. BEARD et al
April 9, 2007
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REPORT AND RECOMMENDATION that 23 MOTION to Dismiss re 10 Complaint, filed by MICHAEL HERBIK, ADAM EBELMAN, PRISON HEALTH SERVICES INC. FOR S.C.I. FAYETTE be denied in part and granted in part. It should be denied as to all claims except it should be granted as to Plaintiff's procedural due process claims. In addition, pursuant to the Prison Litigation Reform Act, Plaintiff's claim that his food is prepared and cooked by prisoners and such violates Eighth Amendment standars should be dismissed for failure to state a claim. Objections to R&R due by 4/26/2007.Signed by Magistrate Judge Amy Reynolds Hay on 4/9/2007. (dgg)
May 22, 2007
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ORDER adopting Report and Recommendations re 35 Report and Recommendations., granting in part and denying in part 23 Motion to Dismiss. Signed by Judge Joy Flowers Conti on 5/18/07. The motion to dismiss filed by defendants Dr. Adam Ebelman, Dr. Michael Herbik, and Prison Health Services, Inc. [Dkt. No. 23] is granted as to plaintiff's procedural due process claims and denied in all other respects. IT IS FURTHER ORDERED that, pursuant to the Prison Litigation Reform Act, plaintiff's claim that his food is prepared and cooked by prisoners thereby violating the Eighth Amendment is dismissed for failure to state a claim. (smc)
June 19, 2007
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MEMORANDUM ORDER denying 39 Motion to Amend complaint is denied. Signed by Magistrate Judge Amy Reynolds Hay on 6/19/2007.(dgg)
July 3, 2007
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ORDER re 42 Objections To filed by RICHARD YOUNG, Memorandum Order, Dkt. 36, filed May 22, 2007, is hereby VACATED. Plaintiff will have 10 days from the service of this order, a copy of the docket sheet and the accompanying Report and Recommendation in which to file his objections to the Report. Plaintiffs "Objections" filed at Dkt. 42, which the court is treating as a motion for miscellaneous relief, is DENIED in all other respects. Signed by Judge Joy Flowers Conti on 6/29/07. (smc )
April 2, 2008
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MEMORANDUM ORDER RE 23 MOTION to Dismiss re 10 Complaint, filed by MICHAEL HERBIK, ADAM EBELMAN, PRISON HEALTH SERVICES INC. FOR S.C.I. FAYETTE. The motion to dismiss filed by defendants Dr. Adam Ebelman, Dr. Michael Herbik, and Prison Health Services, Inc. [Dkt. No. 23] is GRANTED as to plaintiffs procedural due process claims and DENIED in all other respects. IT IS FURTHER ORDERED that, pursuant to the Prison Litigation Reform Act, plaintiff's claim that his food is prepared and cooked by prisoners thereby violating the Eighth Amendment is dismissed for failure to state a claim. Signed by Judge Joy Flowers Conti on 3/31/08. (smc ) Modified text on 4/3/2008 (jsp).
April 4, 2008
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REPORT AND RECOMMENDATION that 54 & 64 MOTIONS for Summary Judgment be granted. Objections to R&R due by 4/21/2008. Signed by Magistrate Judge Amy Reynolds Hay on 4/4/2008. (dgg)
June 30, 2008
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ORDER granting 54 Motion for Summary Judgment; granting 64 Motion for Summary Judgment. IT IS FURTHER ORDERED that the Report and Recommendation, Dkt.81, filed on April 4, 2008, by Magistrate Judge Hay, is adopted as the opinion of the court as supplemented by this memorandum order. Signed by Judge Joy Flowers Conti on 6/30/08. (smc )