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08-027 - Chamberlain v. Chandler et al


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08-027 - Chamberlain v. Chandler et al
November 6, 2008
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ORDER: Pla's claims that he was deprived of his rights under the Americans with Disabilities Act and Rehabilitation Act of 1973 are dismissed WITH PREJUDICE; Pla's claims that he was subjected to cruel and unusual punishment in the form of deliberate indifference to his medical needs and health and safety and that he was subjected to retaliation are hereby dismissed WITHOUT PREJUDICE for failure to exhaust administrative remedies; any pending motions are denied. Pla is advised that if he appeals this Order, he will be required to pay the appeal fee of $455.00 pursuant to PLRA and he must submit an application to proceed in forma pauperis and a 6-month Certificate of Inmate Trust Account. (Ordered by Judge Sam R Cummings on 11/6/2008) (njs)