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16-226 - Smith v. Hazelton HSA - Director - FCI et al


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16-226 - Smith v. Hazelton HSA - Director - FCI et al
November 8, 2017
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REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION TO DISMISS OR FOR SUMMARY JUDGMENT: it is RECOMMENDED that 13 Government's Motion to Dismiss or, in the alternative, for Summary Judgment be GRANTED, and the Plaintiff's 1 complaint be DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted against the named Defendants and with respect to his claim regarding his feet and be DISMISSED WITHOUT PREJUDICE for failure to exhaust his administrative remedies with respect to his claims regarding his eyes and teeth. Written objections may be filed within fourteen (14) days after being served with a copy of this R&R. Failure to timely file objections will result in waiver of the right to appeal. The Clerk is DIRECTED to terminate the Magistrate Judge Association with this case. Signed by Magistrate Judge Robert W. Trumble on 11/8/2017. (copy to Pro Se Petitioner via CM,rrr; copy to counsel via CM/ECF) (nmm) (Additional attachment(s) added on 11/8/2017: # (1) Certified Mail Return Receipt) (nmm).
February 13, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION DKT. NO. 21, GRANTING DEFENDANTS MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT DKT. NO. 13, AND DISMISSING THE CASE: The Court ADOPTS the R&R Dkt. No. 21; GRANTS the defendants motion to dismiss, or in the alternative, motion for summary judgment Dkt. No. 13; DISMISSES Smiths claim regarding his eyes and teeth WITHOUT PREJUDICE for failing to exhaust administrative remedies Dkt. No. 1; and DISMISSES Smiths claim regarding his fturn Receipt)(jss) Modified on 2/16/2018 - corrected hyperlink (jss).eet WITH PREJUDICE for failure to state a claim upon which relief can be granted Dkt. No. 1. The Court directs the Clerk to enter a separate judgment order. Signed by Senior Judge Irene M. Keeley on 2/13/18. (Attachments: # (1) Certified Mail Re