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15-157 - BOYCE v. DEPARTMENT OF CORRECTIONS et al


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15-157 - BOYCE v. DEPARTMENT OF CORRECTIONS et al
December 12, 2016
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REPORT AND RECOMMENDATION re 54 MOTION for Summary Judgment filed by TREVOR WINGARD, CHRIS ROSAGE, ALLEN JOSEPH, JOSEPH JOZEFCZYK, DEBRA RHOADS, and DEPARTMENT OF CORRECTIONS. It is recommended that Defendants' motion be granted in part and denied in part. To wit, the motion should be granted as to Plaintiff's Eighth Amendment claim and the claims against Rosage, Rhoads, Wingard, Joseph, and the DOC, and denied as to Plaintiff's Fourteenth Amendment claim against Jozefczyk. Plaintiff's Objections to R&R due by 12/29/2016; Defendants' objections due by 12/27/2016. Signed by Magistrate Judge Cynthia Reed Eddy on 12/12/2016. (bsc)
February 7, 2017
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MEMORANDUM ORDER granting in part and denying in part 54 Motion for Summary Judgment. The Motion is Granted as to Plaintiff's Eighth Amendment claim and all other claims against Defendants Rosage, Rhoads, Wingard, Joseph, and the Department of Corrections. The Motion is Denied as to Plaintiff's Fourteenth Amendment claim against Defendant Jozefczyk. Plaintiff's state claims of slander and defamation are Denied as a matter of law. It is further Ordered that the Report and Recommendation (ECF No. 64) dated 12/12/2016, as supplemented herein is Adopted as the Opinion of the Court. The only claim remaining in this case is Plaintiff's procedural due process claim under the Fourteenth Amendment against Defendant Jozefczyk, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 2/7/2017. (dlg)
May 10, 2017
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REPORT AND RECOMMENDATION. It is respectfully recommended that final judgment be entered in favor of Plaintiff on his procedural due process claim and against Defendant Jozefczyk for nominal damages in the amount of One Dollar ($1.00). Defendant's written objections, if any, to R&R due by 5/24/2017. Plaintiff's written objections to R&R due by 5/30/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 05/10/2017. (bsc) (Additional attachment(s) added on 5/10/2017: # (1) Exhibit AO 133) (bsc).
June 23, 2017
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MEMORANDUM ORDER - Judgment will be entered in this case for Plaintiff, Michael Boyce, for nominal damages in the amount of $1.00 against Defendant Joseph Jozefczyk. Judgment pursuant to Federal Rule of Civil Procedure 58 follows. It is ORDERED that the Report and Recommendation (ECF No. 81) dated May 10, 2017, as supplemented herein, is ADOPTED as the Opinion of the Court. This case shall be marked closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 6/21/2017. (dlg)