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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)
June 13, 2018
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REPORT AND RECOMMENDATION recommending that the Partial Motion to Dismiss filed by Defendants Little, Captain Acey and T.R. Arnold 29 be granted in part and denied in part. It should be denied to the extent Defendants' seek dismissal of Plaintiff's failure to protect claim against Defendant Arnold. In all other respects, the Motion should be granted. Objections to R&R due by 6/27/2018. Objections to R&R for Unregistered ECF Users due by 7/2/2018. Signed by Magistrate Judge Lisa Pupo Lenihan on June 13, 2018. (kcc)
July 16, 2018
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MEMORANDUM ORDER - it is hereby Ordered that the R&R of the Magistrate Judge (ECF No. 44) is adopted as the Opinion of the Court. It is further Ordered that the Partial Motion to Dismiss filed by DOC Defendants Little, Captain Acey and T.R. Arnold (ECF No. 29) be denied to the extent that it seeks dismissal of Plaintiff's failure to protect claim against Defendant Arnold, and granted in all other respects. And it is further Ordered that this case is remanded back to the Magistrate Judge for all other pretrial proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 7/16/2018. (dlg)