Chance v. Spears et al
| Kenneth Edward Chance, Jr. |
| Ebenezer Obenza, M.D., Wexford Health Sources, Inc., Jim Rubenstein, Charlene Sotak, David Ballard, Paul Lyttle, John/Jane Doe and Jim Spears |
| 2:2008cv01156 |
| October 21, 2008 |
| US District Court for the Southern District of West Virginia |
| Prisoner: Civil Rights Office |
| Fayette |
| David A. Faber |
| Mary E. Stanley |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
155
MEMORANDUM OPINION AND ORDER; the court overrules plaintiff's objections to 146 Proposed Findings and Recommendation by Magistrate Judge; adopting the 146 Proposed Findings and Recommendation by Magistrate Judge; further directing that th e 131 MOTION by Subhash Gajendragadkar, Pilar Obenza, Ebenezer Obenza, Wexford Health Sources, Inc. for Summary Judgment is granted; the 133 MOTION by Pilar Obenza, Ebenezer Obenza for Summary Judgment for the Period of October 7, 2006 to May 1, 2008 is granted, and the 136 MOTION by David Ballard, Jim Rubenstein, Charlene Sotak for Summary Judgment is granted. This matter is dismissed from the court's active docket. Signed by Judge David A. Faber on 6/12/2012. (cc: attys; any unrepresented party) (lca)
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Filing
101
MEMORANDUM OPINION AND ORDER the court CONFIRMS AND ACCEPTS the magistrate judge's[ 80] Proposed Findings and Recommendation; granting the 76 Motion to Dismiss defendants Jim Spears and Paul Lyttle; directing the Clerk to terminate said defendants. Signed by Judge David A. Faber on 5/10/2010. (cc: plaintiff; attys; any unrepresented party) (taq)
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Filing
68
MEMORANDUM OPINION OVERRULING IN PART and SUSTAINING IN PART the plaintiff's 61 objections; further denying the pending 20 , 23 , 25 MOTIONS to Dismiss except to the extent they relate to plaintiff's Equal Protection and Eighth Amendm ent conditions-of-confinement claims, which the court DISMISSES; this matter is referred to Magistrate Judge Stanley for further proceedings consistent with this opinion; to the extent the magistrate judge recommended dismissal of defendants Rubenste in, Sotak, Ballard, and Lyttle, and the West Virginia Division of Purchasing was grounded on the conclusion that the amended complaint fails to state a valid deliberate indifference claim against defendants Wexford, Obenza, and Gadjendragadkar, the c laims against all of these defendants should be reevaluated in light of the court's conclusion that Plaintiff has to the limited extent outlined herein stated a valid claim against his health care providers; the court further notes its agreement with the chronological limitation on plaintiff's claims set forth by the magistrate judge at pages 18 to 19 of the 54 PF & R. Signed by Judge David A. Faber on 11/10/2009. (cc: plaintiff, pro se, attys) (mkw)
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