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16-2314 - Gaynier v. Hudson


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16-2314 - Gaynier v. Hudson
March 22, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that all of Plaintiff's claims, with the exception of her claim against Defendant in his individual and official capacities for the use of excessive force in violation of the Fourth Amendment of the Constitution, should be DISMISSED WITH PREJUDICE. Plaintiff's claim against Defendant in his official capacity for the use of excessive force in violation of the Fourth Amendment of the Constitution should be DISMISSED WITHOUT PREJUDICE. If, within 21 days of District Judge Fitzwater's Order accepting this recommendation, Plaintiff fails to amend her complaint to cure the deficiencies in Plaintiff's official capacity claim described herein, upon Defendant's re-urging, Plaintiff's official capacity claim should be DISMISSED WITH PREJUDICE. (Ordered by Magistrate Judge Renee Harris Toliver on 3/22/2017) (mcrd)
May 30, 2017
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Order: The 23 findings, conclusions, and recommendation of the magistrate judge are adopted. Defendant's 11 motion to dismiss for failure to state a claim is granted, and plaintiff's 21 motion for leave to file first amended complaint to add additional parties is denied without prejudice. All of plaintiff's claims, except for her claim against defendant Antonio Hudson in his individual and official capacities for use of excessive force, in violation of the Fourth Amendment to the Constitution, are dismissed with prejudice. Plaintiff's claim against Officer Hudson in his official capacity for use of excessive force, in violation of the Fourth Amendment to the Constitution, is dismissed without prejudice. If, within 21 days from the date of this order, plaintiff does not file an amended complaint, her official capacity claim will, upon Officer Hudson's renewed motion to dismiss, be subjected to dismissal with prejudice. (Ordered by Judge Sidney A Fitzwater on 5/30/2017) (rekc)
November 16, 2017
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Defendant Antonio Hudson's Rule 12(b)(6) Motion to Dismiss the Plaintiff's Official Capacity Claims Alleged Against Him in the Plaintiff's Third Amended Complaint, Doc. 31, should be GRANTED, and Plaintiff's claims against Defendant in his official capacity arising under 42 U.S.C. ยงยง 1983 & 1985(3) should be DISMISSED WITH PREJUDICE, leaving pending only Plaintiff's claim against Defendant in his individual capacity for the excessive use of force in violation of the Fourth Amendment. In addition, Plaintiff's Fourth Amended Complaint, Doc. 39, should be stricken from the docket. (Ordered by Magistrate Judge Renee Harris Toliver on 11/16/2017) (sss)
December 28, 2017
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ORDER granting 31 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 41 Findings and Recommendations on Case. (Ordered by Judge Sidney A Fitzwater on 12/28/2017) (Judge Sidney A Fitzwater)
February 20, 2018
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Defendant's Motion 35 for Summary Judgment Based Upon Qualified Immunity should be GRANTED. Upon acceptance of this recommendation, the Clerk of the Court should be directed to close this case. (Ordered by Magistrate Judge Renee Harris Toliver on 2/20/2018) (mcrd) (Main Document 44 replaced on 2/20/2018) (mcrd).
March 13, 2018
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ORDER granting 35 Motion for Summary Judgment; adopting Report and Recommendations re 44 Findings and Recommendations on Case. (Ordered by Judge Sidney A Fitzwater on 3/13/2018) (Judge Sidney A Fitzwater)