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16-047 - Berryman v. Mullen et al


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16-047 - Berryman v. Mullen et al
May 15, 2017
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gainst the John Doe I & II Defendants and the Four Unknown BOP Officers, and that the John Doe I & II Defendants and the Four Unknown BOP Officers be DISMISSED from this action, and that a scheduling Order be entered. Further, the undersigned recomme REPORT AND RECOMMENDATIONS : Recommendation that the Defendants Motion to Dismiss or in the Alternative, Motion for Summary Judgment 51 be DENIED in part as to Defendants Lt. Riffle, Officer Brady, Officer Brown, and OfficerMullen only as to Plaintiffs failure to protect claims. Further, the undersigned recommends that Defendants Motion to Dismiss or in the Alternative, Motion for Summary Judgment be GRANTED in part as to Plaintiffs due process claims against Defendants Brown, Brady and Riffle; GRANTED in part as to all Defendants, as to Plaintiffs conditions of confinement claims; GRANTED in part as to Defendant Meyer and Plaintiffs entire claim of deliberateindifference to serious medical needs; and GRANTED in part as to all claims ands that Plaintiffs pending Motion to Dismiss or Stay the Defendants Motion to Dismiss or for Summary Judgment 56 be GRANTED inpart as to Defendants Lt. Riffle, Officer Brady, Officer Brown, and Officer Mullen and DENIED in part as to Defendant Meyer, the John Doe I & II Defendants and the Four Unknown BOP Officers. The Clerk of Court is DIRECTED to correct the names of the Defendants on the docket from Officer Mullen to Officer Christopher Mullen; from Lt. Riffle to Lt. Jerald Riffle; from Officer Brown to Officer Brad Brown; from Officer Brady to Officer John Brady;and from P.A. C. Meyer, Physicians Assistant to P.A. Christopher Meyer, Physicians Assistant. Within fourteen (14) days after being served with a copy of the Report and Recommendation, any party may file with the Clerk of the Court written objections. Signed by Magistrate Judge James E. Seibert on 5/15/17. (Attachments: # (1) Certified Mail Return Receipt)(jss)
August 17, 2017
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MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION DKT. NO. 60 AND GRANTING IN PART AND DENYING IN PART THE DEFENDANTS MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT DKT. NO. 51, AND ROSEBORO NOTICE REGARDING MOTION TO DISMISS DKT. NO. 69: The Court ADOPTS the R&R (Dkt. No. 60); DENIES in part the defendants Motion to Dismiss or, in the Alternative, for Summary Judgment as to Berrymans failure to protect claims against Lt. Riffle, Officer Brady, Officer Brown, and Officer Mullen (Dkt. No. [51)]; GRANTS in part the defendants Motion to Dismiss or, in the Alternative, for Summary Judgment as to Berrymans due process claim against Officer Brown, Officer Brady, and Lt. Riffle; his claim that PA Meyer was deliberately indifferent to his medical needs; and all of his claims against John Doe I, John Doe II, and the Four Unknown BOP Officers; and GRANTS in part and DENIES in part Berrymans Motion to Dismiss or Stay the Defendants Motion to Dismiss or for Summary Judgment (Dkt. No. 56). The Court DIRECTS Berryman to file any opposition to the defendants 69 motion within 21 days of the entry of this Order, explaining why his case should not be dismissed. Berrymans responsemay not exceed 25 pages. Signed by District Judge Irene M. Keeley on 8/17/17. (Attachments: # (1) Certified Mail Return Receipt)(jss)
March 9, 2018
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ge Irene M. Keeley on 3/9/18. (njz) copy mailed to pro se pla via cert. return rec't mail (Additional attachment(s) added on 3/9/2018: # (1) Certified Mail Return Receipt) (njz).MEMORANDUM OPINION AND ORDER DENYING THE DEFENDANTS MOTION TO DISMISS [DKT. NO. 69. Further, it RECOMMITS this case to Magistrate Judge Aloi, who is DIRECTED to enter a scheduling order on discovery and dispositive motions. Signed by Senior Jud