Dean v. Department of Corrections et al (INMATE2)
| Rodney C. Dean |
| Richard Allen, J. C. Giles, B. Luke, Prison Health Services and Sgt. Longmire |
| 2:2007cv00342 |
| April 23, 2007 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Barbour |
| Terry F. Moorer |
| William Keith Watkins |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
46
ORDER: (1) The 45 REPORT AND RECOMMENDATION is ADOPTED; (2) Defendants Allen, Giles, and Longmire's Motion for Summary Judgment (Doc. 27 , 40 ) is GRANTED; (3) Plaintiff's complaint (Doc. 1 ) against Defendants Allen, Giles, and Longmi re is DISMISSED with prejudice; (4) Defendants PHS, Inc., and Liebe's (identified in the complaint as "B. Luke") motion for summary judgment (Doc. 28 ) is GRANTED to the extent it seeks dismissal of the case due to Plaintiff's fa ilure to properly exhaust his administrative remedies; and (5) The complaint (Doc. 1 ) against Defendants PHS, Inc., and Liebe is DISMISSED with prejudice for Plaintiff's failure to exhaust his administrative remedies in accord with 42 U.S.C. 1997e(a). Final judgment will be separately entered. Signed by Honorable William Keith Watkins on 12/11/2009. (dmn)
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Filing
45
REPORT AND RECOMMENDATION that: 1. Defendants Allen, Giles, and Longmier's motion for summary judgment (Doc. Nos. 27, 40) be GRANTED; 2. Plaintiff's complaint against Defendants Allen, Giles, and Longmire be DISMISSED with prejudice; 3. Def endants PHS, Inc., and Liebe's motion for summary judgment (Doc. No. 28) be GRANTED to the extent they seek dismissal of this case due to Plaintiff's failure to properly exhaust administrative remedies previously available to him at the Ven tress Correctional Facility; 4. The complaint against Defendants PHS, Inc., and Liebe be DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for Plaintiff's failure to exhaust administrative remedies available to him during his confinement at the Ventress Correctional Facility; and 5. Judgement be ENTERED in favor of Defendants and against Plaintiff. Objections to R&R due by 12/4/2009. Signed by Honorable Terry F. Moorer on 11/19/2009. (dmn)
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Filing
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ORDER directing payment of initial partial filing fee of $16.67 be paid on or before 5/14/2007; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting 3 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk @ Ventress CF. Signed by Judge Terry F. Moorer on 4/24/2007. (cc, )
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