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17-117 - BELL v. LITTLE et al


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17-117 - BELL v. LITTLE et al
April 24, 2018
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REPORT AND RECOMMENDATION recommending that the 27 MOTION to Dismiss the 4 Complaint or, in the alternative, MOTION for Summary Judgment filed by DR. M.G. NAJI be granted to the extent that Plaintiff's Eighth Amendment violation claim against him should be dismissed with prejudice for Plaintiff's failure to exhaust his administrative remedies pursuant to the PLRA and the Motion be granted to the extent that any professional negligence claims Plaintiff asserts against Dr. Naji be dismissed for failing to file a Certificate of Merit. Objections to R&R due by 5/8/2018. Objections to R&R for Unregistered ECF Users due by 5/11/2018. Signed by Magistrate Judge Lisa Pupo Lenihan on April 24, 2018. (kcc)
May 23, 2018
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MEMORANDUM ORDER - it is hereby Ordered that the Report and Recommendation of the Magistrate Judge (ECF No. 40) is adopted as the Opinion of the Court. It is further Ordered that the Motion to Dismiss or, in the alternative, Motion for Summary Judgment filed by Defendant Dr. M.G. Naji (ECF No. 27) be granted for the reasons specified in the R&R. It is further Ordered that the Clerk of Court shall terminate Defendant Dr. M.G. Naji from this action. And it is further Ordered that this case is remanded back to the Magistrate Judge for all further pretrial proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 5/23/2018. (dlg)