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16-1299 - ARNOLD v. GILMORE et al


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16-1299 - ARNOLD v. GILMORE et al
October 13, 2016
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MEMORANDUM OPINION and ORDER dismissing the appeals of Kenneth Arnold 15 and 16 requesting review of (1) the magistrate judge's Order dated September 29, 2016, which denied Plaintiff's request to obtain service by the U.S. Marshal without pre-payment of the service fees and (2) the magistrate judge's Text Order dated September 29, 2016, which denied without prejudice Plaintiffs request for appointment of counsel. Signed by Judge Nora Barry Fischer on 10/13/2016. (bdk)
June 23, 2017
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REPORT AND RECOMMENDATION re 32 AMENDED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by TRACY SHAWLEY, L.S. KERNS BARR, FIRST NAME UNKNOWN GRAY, M. R. JOHNSON, E. GREGO, R. GILMORE. It is recommended that the motion be granted as to Plaintiff's due process claims, but denied as to Plaintiff's failure to protect claims. Defendants written objections to R&R due by 7/10/2017. Plaintiff's written objections to R&R due by 7/13/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 6/23/2017. (bsc)
July 24, 2017
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MEMORANDUM ORDER indicating that the Motion to Dismiss Plaintiff's Amended Complaint filed by Defendants (ECF No. 32) is GRANTED IN PART and DENIED IN PART as follows: The motion is GRANTED as to Plaintiff's due process claims which are hereby dismissed with prejudice; Defendants CO 1 M.R. Johnson, Hearing Examiner L.S. Kerns Barr, and Tracy Shawley, Grievance Coordinator, are dismissed with prejudice; The motion is DENIED as to Plaintiff's failure to protect claims; This claim proceeds against Superintendent R. Gilmore, Lt. E. Grego, and CO 1 Gray; the Report and Recommendation (ECF No. 44) dated June 23, 2017, is ADOPTED as the Opinion of the Court; Defendants shall file their Answers in accordance with Federal Rule of Civil Procedure 12(a)(4)(A); The matter is referred back to Magistrate Judge Eddy for all future pretrial matters (details more fully stated in said Memorandum Order). Signed by Judge Nora Barry Fischer on 7/24/2017. (bdk)