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05-210 - Slade v. Washington County Detention Center et al

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05-210 - Slade v. Washington County Detention Center et al
July 31, 2007
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MEMORANDUM AND ORDER Directing Monthly Payments be made from Prison Account of Garland Slade BOP#20408-074. Plaintiff is ASSESSED the civil filing fee of $250.00 (plaintiff filed his case before the increase). The Clerk is DIRECTED to mail a copy of this memorandum and order to the custodian of inmate trust accounts at the institution where plaintiff is now confined to ensure compliance. Plaintiff has failed to state a 1983 claim against defendants in their official capacities. All claims in this category are DISMISSED. Sgt. Jenkins is DISMISSED in this action; Officer Tim Moore is DISMISSED in this action; Washington County Detention Center is DISMISSED as a non-suable entity; Major Brenda Downes is DISMISSED as a defendant in this lawsuit; and Captain Finley is DISMISSED as a defendant. Because plaintiff has stated colorable claims against defendants Davis and Andes, the Clerk is DIRECTED to send him two service packets. Plaintiff is ORDERED to complete and return to the Clerk's Office within twenty (20) days of the date of this order. Defendants are ORDERED to respond to the complaint in the manner and within the time required by the Federal Rules of Civil Procedure. Plaintiff is ORDERED to inform the Court of any address change within ten (10) days following such change. C/MSigned by Judge J Ronnie Greer on 7/31/2007. (FMM, )
September 22, 2008
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MEMORANDUM AND OPINION stating that Plaintiff has failed to bear his burden and, thereby, has failed to show that defendant Andes violated the Fifth or the Eighth Amendments by using excessive force against him on February 13, 2005, at the WCDC. Nor has he shown that defendants Moore and Davis watched excessive force being used against him and failed to protect him. Therefore, judgment will enter on behalf of defendants and plaintiff shall take nothing on his claims of excessive force. A separate order will enter dismissing this action. C/M to Pro Se Plaintiff.Signed by District Judge J Ronnie Greer on 9/22/2008. (FMM, )