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05-445 - HILL v. PATRICK et al


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05-445 - HILL v. PATRICK et al
February 5, 2007
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REPORT AND RECOMMENDATION recommending 58 Motion to Dismiss Second re 56 Amended Complaint filed by DR. JEANANN McALLISTER be granted. Furthermore, it is recommended that 61 Motion to Dismiss Amended Complaint filed by DEPARTMENT OF CORRECTIONS ("DOC") Defendants be granted in part and denied in part. It should be granted as to all claims against all DOC Defendants except it should be denied as to Plaintiff's First Amendment retaliation claim against Defendants Kechisen, Barber and Sawtelle and it should be denied as to Plaintiff's Eighth Amendment claim against Defendants Garman and Rice for their alleged failure to protect. Furthermore, all of the claims against all of the Parole Defendants should be dismissed pursuant to the screening provisions of the Prison Litigation Reform Act ("PLRA"). Objections to R&R due by 2/22/2007. Any party opposing the objections shall have seven (7) days from the date of service of the objections to respond. Failure to timely file objections may constitute a waiver of any appellate rights. Signed by Judge Amy Reynolds Hay on 2/5/2007. (klh)
March 5, 2007
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ORDER granting 58 Motion to Dismiss; granting in part and denying in part 61 Motion to Dismiss. It is granted as to all claims aginst all DOC Defendants except it is denied as to Plaintiff's First Amendment retaliation claim against Defendants Kechisen, Barber and Sawtelle and it is denied as to Plaintiff's Eighth Amendment claim against Defendants Garman and Rice for their alleged failure to protect; it is further Ordered that all of the claims against all of the Parole Defendants are dismissed pursuant to the screening provisions of the Prison Litigation Reform Act ("PLRA"); it is further Ordered that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the plaintiff desires to appeal from this Order he must do so within 30 days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P; adopting 66 Report and Recommendation as the opinion of this Court, and as more fully stated in said Order . Signed by Judge Kim R. Gibson on 3/2/2007. (dlg)
April 14, 2008
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MEMORANDUM OPINION AND ORDER granting 101 Motion for Summary Judgment. The Clerk should mark the case closed. Signed by Magistrate Judge Amy Reynolds Hay on 4/14/2008.(dgg)