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13-064 - Boyd v. United States of America et al


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13-064 - Boyd v. United States of America et al
May 20, 2016
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REPORT AND RECOMMENDATIONS: It is the undersigneds recommendation that the Defendants Motion to Dismiss, on in the Alternative, for Summary Judgment 139 be GRANTED, and the Plaintiffs Amended Complaint 125-1 be DENIED WITH PREJUDICE with respect to his claims against Officer Helms for failure to state a claim upon which relief can be granted and be DENIED WITHOUT PREJUDICE against the remaining Defendants for failure to exhaust administrative remedies.Within fourteen (14) days after being served with a copy of this report and recommendation, any party may file with the Clerk of Court written objections. Signed by Magistrate Judge Michael John Aloi on 5/20/16. (Attachments: # (1) Certified Mail Return Receipt)(jss)
July 26, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION: It is ORDERED that Magistrate Judge Aloi's 163 Report and Recommendation is ADOPTED; Plaintiff's 165 Objections are OVERRULED; Defendants' 139 Motion to Dismiss, Motion for Summary Judgment is GRANTED; Defendant Helms' Motion for Summary Judgment as to Plaintiff's claim of racial discrimination is GRANTED; Plaintiff's 125 Amended Complaint against Officer Helms' on those grounds is DENIED WITH PREJUDICE; Plaintiff's claims against the remaining Defendants and his claims against Officer Helms for retaliation are DENIED WITHOUT PREJUDICE for failure to exhaust administrative remedies; this matter is STRICKEN from the active docket; and the Clerk is DIRECTED to enter judgment in favor of the Defendants. Signed by District Judge John Preston Bailey on 7/26/16. (Attachments: # (1) Certified Mail Return Receipt)(copy Plaintiff)(cnd)