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15-1469 - Winzer v. Wheeler et al


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15-1469 - Winzer v. Wheeler et al
January 5, 2016
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FINDINGS CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Pursuant to the provisions of 28 U.S.C. § 636(b) and an order of the District Court, this case has been referred to the United States Magistrate Judge. The Court recommends that: (1) Plaintiff's claims against Officers Wheeler and Jones be dismissed with prejudice until the Heck conditions are met, and (2) Plaintiff's claims of excessive force regarding the cutting of his nails be summarily dismissed pursuant to 28 U.S.C. §§ 1915A and 1915(e)(2); and (3) Plaintiff's remaining claims of excessive force be served. (see order) (Ordered by Magistrate Judge Paul D Stickney on 1/5/2016) (mcrd)
February 18, 2016
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ewer, Tudor, Martin, Hunter and Cabealis shall proceed. (Ordered by Judge Jane J Boyle on 2/18/2016) (bdb)ORDER: After making the review required by 28 U.S.C. § 636(b), the Court finds that the 16 Findings, Conclusions and Recommendation of the Magistrate Judge are correct, and they are adopted as the findings and conclusions of the Court. Plaintiff's claims against Defendant Officers Wheelers and Jones are dismissed with prejudice until the Heck v. Humphrey, 512 U.S. 477 (1994), conditions are met. Plaintiff's remaining excessive force claims against Defendant Officers Miller, Br