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15-213 - Walker v. USP Warden et al

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15-213 - Walker v. USP Warden et al
August 25, 2016
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REPORT AND RECOMMENDATION; Magistrate Judge recommends that the defendants Motions to Dismiss [ECF No. 24] be GRANTED and plaintiffs complaint [ECF No. 1] be DENIED and DISMISSED with prejudice as to Defendants OBrien, Nolte, Mims, and Fitzhugh for failure to state a claim upon which relief can be granted, and DISMISSED with prejudice against Defendants Bushman and Rebault because the claims against them cannot survive on the merits even had they been served; plaintiffs pending Motion to Amend [ECF No. 33] be GRANTED and his pending Motion for Appointed Counsel [ECF No. 33] be DENIED as moot. Written objections due within 14 days after being served with a copy of this Report and Recommendation. Signed by Magistrate Judge James E. Seibert on 8/25/2016. (copy pro se plaintiff via certified mail) (jmm) (Additional attachment(s) added on 8/25/2016: # (1) Certified Mail Return Receipt) (jmm). Modified on 8/31/2016 to correct docket text to accurately state the R&R (cmd).
February 15, 2017
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MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION DKT. NO. 38, GRANTING PLAINTIFFS MOTION TO AMEND DKT. NO. 33, AND DENYING AS MOOT DEFENDANTS MOTION TO DISMISS DKT. NO. 24. It is so ORDERED the Court ADOPTS the R&R Dkt. No. 38; OVERRULES Walkers objections Dkt. No. 40; GRANTS Walkers motion to amend Dkt. No. 33; DENIES AS MOOT OBrien, Mims, and Noltes motion to dismiss Dkt. No. 24; Alternatively, GRANTS OBrien, Mims, and Noltes motion and DISMISSES WITH PREJUDICE all claims against these defendants Dkt. No. 24; DISMISSES WITH PREJUDICE all claims against Fitzhugh, Bushman, and Rebault; and DENIES AS MOOT Walkers motions to appoint counsel Dkt. Nos. 33; 41. Clerk is directed to enter a separate judgment order, and to remove this case from the Courts active docket. Signed by District Judge Irene M. Keeley on 2/15/2017. (copy counsel of record via CM/ECF, copy pro se petitioner via certified mail)(jmm) (Additional attachment(s) added on 2/15/2017: # (1) Certified Mail Return Receipt) (jmm).