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12-984 - KNIGHT v. MURPHY, et al


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12-984 - KNIGHT v. MURPHY, et al
August 21, 2012
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ORDER denying 6 Motion for TRO. Signed by Magistrate Judge Lisa Pupo Lenihan on August 21, 2012. (kcc)
February 21, 2014
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REPORT AND RECOMMENDATION, it is respectfully recommended that the Motion to Dismiss filed by the Nurse Defendants 47 be granted as to Count XVIII against Nurse Harr. It should be denied as to Count XIX against Nurse Kincaid. It is further recommended that the County Defendants Motion to Dismiss 50 be granted as to Counts I and XV (access to courts); Count XVI (excessive force); Counts II and IV (failure to intervene); Counts V, X, XI, XIV (retaliation); Counts III and XVII (due process); Count XX (failure to train subordinates); Counts XXI and XXII (conspiracy); and Count XXIII (preclusion to exhaust administrative remedies). It is recommended that their motion be denied as to Counts VI, VIII, XII (excessive force); Counts VII, IX, XIII (failure to intervene); and Count XIX (deliberate indifference to physiological needs). The motion should be denied without prejudice as to Count XXIV (mental and emotional injury). Defendant J. Williams should be dismissed without prejudice for Plaintiffs failure to prosecute. Amendment of the Complaint as to the Counts where Plaintiff has failed to state claims would be futile and such relief should not be granted. Objections to R&R due by 3/10/2014. Signed by Magistrate Judge Lisa Pupo Lenihan on February 21, 2014. (kcc)
March 28, 2014
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MEMORANDUM ORDER granting in part and denying in part47 Motion to Dismiss. Motion granted as to Count XVIII against Nurse Harr and denied as to Count XIX against Nurse Kincaid. Further granting in part and denying in part 50 Motion to Dismiss. Motion granted as to Counts I and XV (access to courts), Count XVI (excessive force), Counts II and IV (failure to intervene), Counts V, X, XI, and XIV (retaliation), Counts III and XVII (due process), Count XX (failure to train subordinates), Counts XXI and XXII (conspiracy), and Count XXIII (preclusion to exhaust administrative remedies) and denied as to Counts VI, VIII, and XII (excessive force), Counts VII, IX, and XIII (failure to intervene) and Count XIX (deliberate indifference). Further denied without prejudice as to Count XXIV (mental and emotional injury). Further defendant J. WILLIAMS dismissed without prejudice for failure to prosecute. Further remanding case back to Magistrate Judge for further pretrial proceedings. 66 Report and Recommendation of Judge Lenihan adopted as the opinion of the Court. Signed by Judge David S. Cercone on 3/28/14. (njt)
September 24, 2015
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REPORT AND RECOMMENDATION recommending that the County Defendants' 116 MOTION for Summary Judgment be granted and that the Medical Defendants' 120 MOTION for Summary Judgment also be granted. Objections to R&R due by 10/13/2015. Signed by Magistrate Judge Lisa Pupo Lenihan on September 24, 2015. (kcc)
December 17, 2015
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MEMORANDUM ORDER granting 116 and 120 Motions for Summary Judgment and adopting 132 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. The Clerk shall mark this case closed. Signed by Judge David S. Cercone on 12/17/15. (njt)
January 19, 2016
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MEMORANDUM ORDER denying 137 plaintiff's motion for Extension of Time to File Objections - as more fully set forth in the Memorandum Order. Signed by Judge David S. Cercone on 1/19/16. (mwm)