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15-139 - Perry v. W.Va. Correctional Industries et al


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15-139 - Perry v. W.Va. Correctional Industries et al
January 25, 2018
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REPORT AND RECOMMENDATION: it is RECOMMENDED that 41 Motion to Dismiss filed by Robert Whitehead and Don Zielinsky be GRANTED, in part and DENIED in part (Plaintiff's claim one regarding unsafe work environment be DISMISSED WITH PREJUDICE); Motions to Dismiss filed by Jerry Hahn and Cecilia Janiszewski 44 and Jamie Lee 49 should be GRANTED and the claims against these three Defendants should be DISMISSED WITH PREJUDICE. Written objections may be filed within fourteen (14) days after being served with a copy of this report and recommendation. Failure to timely file objections will result in waiver of the right to appeal. Signed by Magistrate Judge Robert W. Trumble on 1/25/2018. (copy to Pro Se Plaintiff via CM,rrr; copy to counsel via CM/ECF) (nmm) (Additional attachment(s) added on 1/25/2018: # (1) Certified Mail Return Receipt) (nmm).
March 28, 2018
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added on 3/28/2018: # (1) Certified Mail Return Receipt) (nmm).MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 84 MAGISTRATE JUDGES REPORT AND RECOMMENDATION, OVERRULING 86 THE PLAINTIFFS OBJECTIONS, GRANTING IN PART AND DENYING IN PART 41 DEFENDANTS WHITEHEAD AND ZIELINSKYS MOTION TO DISMISS, GRANTING DEFENDANTS 44 49 HAHN AND JANISZEWSKIS MOTION TO DISMISS, AND GRANTING DEFENDANT LEES MOTION TO DISMISS. This case shall PROCEED only as to the claims against defendants Robert Whitehead and Don Zielinsky alleging violations of equal protection, and this Court will enter a separate scheduling order with regard to those claims. Signed by Senior Judge Frederick P. Stamp, Jr. on 3/28/2018. (copy to Pro Se Plaintiff via CM,rrr; copy to counsel via CM/ECF) (nmm) (Additional attachment(s)