Creel v. Hudson et al
| Kristopher D. Creel |
| Corporal Hudson, Blagg, Ramsey, Corporal Fernandez, Simpson, David Ballard and Jim Rubenstein |
| 2:2014cv10648 |
| October 1, 2014 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Fayette |
| Thomas E. Johnston |
| Dwane L. Tinsley |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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Filing
78
MEMORANDUM OPINION AND ORDER the plaintiff's 77 objections are OVERRULED; adopting the 76 Proposed Findings and Recommendation by Magistrate Judge; granting in part and denying in part defendants' 56 Motion for Summary Judgment; th e Court ORDERS that Counts One and Two be DISMISSED in their entirety; Count Five is DISMISSED to the extent it concerns the incidents occurring on 5/6/2013 and 6/7/2013; Count Five is further DISMISSED as to Defendant Rubenstein; in all other r espects, defendants' motion is DENIED; denying plaintiff's 60 Motion for Summary Judgment; Count Four is DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief can be granted; this matter will proceed to trial on t he claim alleged in Count Three as well as those alleged in Count Five, as pertaining to Defendant Ballard and the incident on 9/26/2013; a scheduling order will follow the entry of this Memorandum Opinion and Order. Signed by Judge Thomas E. Johnston on 9/12/2017. (cc: counsel of record; any unrepresented party) (taq)
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