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15-111 - Givens v. Williams et al


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15-111 - Givens v. Williams et al
January 24, 2017
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Report and Recommendation, any party may file with the Clerk of Court written objections. Signed by Magistrate Judge Michael John Aloi on 1/24/2017. (Copy pro se party/cmrrr)(kd) (Additional attachment(s) added on 1/24/2017: # (1) Certified Mail Return Receipt) (kd).REPORT AND RECOMMENDATIONS. The Magistrate Judge RECOMMENDS that the Defendants' Motion to Dismiss or, in the alternative, Motion for Summary Judgment 35 be GRANTED in part and DENIED in part; RECOMMENDS that the Plaintiff's Complaint 1 be DISMISSED with PREJUDICE with respect to Defendants C. Williams; C. Eichenlaub; James Nolte and Joshua Hall; RECOMMENDS that the Plaintiff be permitted to amend his complaint to add Eddie Anderson, DO as a named Defendant, that a summons thereafter be issued, and Defendants Mace-Leibson and Anderson be directed to respond to the Plaintiff's allegations regarding his medical care following his positive PPD. Within fourteen (14) days after being served with a copy of this
March 29, 2017
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ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION 51 AND GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS 35. The Court GRANTS 56 Motion to clarify the record. The Court DISMISSES WITH PREJUDICE the claims against defendants Warden Williams, Dr. Mace-Leibson, NP Nolte, and Director Eichenlaub, including those regarding TB screening, exposure, and treatment, and the denial of Givens's administrative remedies. The Court GRANTS Givens's motion to amend his complaint by adding Dr. Anderson as a defendant, and DIRECTS him to file an amended complaint regarding Dr. Anderson and RN Hall by Monday, May 15, 2017. The Court RECOMMITS this case to Magistrate Judge Aloi, who is authorized to consider the record and enter rulings or recommendations as appropriate. Signed by District Judge Irene M. Keeley on 3/29/2017. (kd)(Copy pro se party/cmrrr) (Additional attachment(s) added on 3/29/2017: # (1) Certified Mail Return Receipt) (kd).