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15-039 - Russell v. Anderson et al


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15-039 - Russell v. Anderson et al
February 6, 2017
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itten objections may be filed with the Clerk. Signed by Magistrate Judge Michael John Aloi on 2/6/2017. (copy to Pro Se Petitioner via CM,rrr; copy to counsel via CM/ECF) (nmm) (Additional attachment(s) added on 2/6/2017: # (1) Certified Mail Return Receipt) (nmm).REPORT AND RECOMMENDATION: It is RECOMMENDED that 39 Defendants' Motion to Dismiss or for Summary Judgment be GRANTED because the Plaintiff has failed to establish an Eighth Amendment violation; and this matter be DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted. It is further RECOMMENDED that 51 Plaintiff's Motion to Appoint Counsel be DENIED AS MOOT. Within fourteen days after being served with a copy of this report and recommendation, wr
March 21, 2017
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MEMORANDUM OPINION AND ORDER ADOPTING AND AFFIRMING 53 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING 39 DEFENDANTS' MOTION TO DISMISS, DENYING AS MOOT 51 PLAINTIFF'S MOTION FOR APPOINTED COUNSEL AND OVERRULING 58 PLAINTIFF'S OBJECTIONS. It is ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. Should the plaintiff choose to appeal, he is ADVISED that he must file a notice of appeal within 60 days after the date of the entry of this order. The Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 3/21/2017. (copy to Pro Se Plaintiff via CM,rrr; copy to counsel via CM/ECF) (nmm) (Additional attachment(s) added on 3/21/2017: # (1) Certified Mail Return Receipt) (nmm). Modified docket text on 3/23/2017 to include "dismissed/stricken" language (nmm).