HALPIN et al v. BUSH et al
Case Number: 4:2006cv00457
Filed: October 4, 2006
Court: U.S. District Court for the Northern District of Florida
Office: Tallahassee Office
Presiding Judge: ROBERT L HINKLE
Presiding Judge: WILLIAM C SHERRILL
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff
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Date Filed Document Text
September 10, 2009 Opinion or Order Filing 205 ORDER DENYING MOTION TO DISMISS EQUAL-PROTECTION PAROLE-FOR-BRIBES CLAIM AND DISMISSING OTHER CLAIMS. ACCEPTING IN PART REPORT AND RECOMMENDATION re: 194 Report and Recommendation, 196 Report and Recommendation and 195 Repor t and Recommendation. GRANTING IN PART AND DENYING IN PART 105 Motion to Dismiss. GRANTING 126 Motion to Dismiss, 131 Motion for Summary Judgment, 152 Motion for Summary Judgment and 173 Motion for Summary Judgment. Signed by JUDGE ROBERT L HINKLE on 9/10/09. (pll)
July 9, 2009 Opinion or Order Filing 196 REPORT AND RECOMMENDATION, MOTIONS TO DISMISS, DOC. 131 DEFENDANTS WEST and SPITTLER, and DOC. 152 , DEFENDANT BOYD:It is RECOMMENDED that the motions to dismiss, doc. 131 , filed by Defendants West and Spittler, and by Defendant Boyd, doc. 152 , be GRANTED as to the RICO claim because it fails to allege claims of fraud with particularity as required by FED. R. CIV. P. 9(b), fails to state a claim upon which relief may be granted, and because Plaintiffs lack standing, and be GRANTED as to the Equal Protection and Retaliation claims because those claims are unexhausted as required by 42 U.S.C. §1997e(a). The motion to dismiss should also be GRANTED as to the Government in the Sunshine law claim, and this Court shou ld not exercise supplemental jurisdiction over that single remaining state law claim. If all three reports and recommendations are adopted, all claims will have been dismissed and the Clerk should be directed to enter judgment accordingly. Internal deadline for referral to district judge if objections are not filed earlier: 8/6/2009.R&R flag set. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 07/09/09. (dlt)
June 22, 2009 Opinion or Order Filing 193 ORDER DISMISSING CLAIMS AGAINST DEFENDANT ALCORN. ACCEPTING 183 REPORT AND RECOMMENDATION. DENYING 180 Motion to Amend/Correct filed by ANA CECILIA HALPIN, DONALD EUGENE HALPIN, FRANK EDWARD SWANSON. GRANTING 157 Motion to Dismiss filed by TYLER ALCORN. All claims against Mr. Alcorn are dismissed. Signed by JUDGE ROBERT L HINKLE on 6/22/09. (pll)
April 7, 2009 Opinion or Order Filing 183 REPORT AND RECOMMENDATION re 157 MOTION to Dismiss Defendant Tyler Alcorn's Motion to Drop Party and/or to Dismiss Plaintiffs' Second Amended Complaint and Incorporated Memorandum of Law filed by TYLER ALCORN, r e 180 MOTION to Amend/Correct 90 Amended Complaint:It is RECOMMENDED that Plaintiffs' motion to amend, doc. 180 , be DENIED, and that Defendant Alcorn's motion to dismiss, doc. 157 , be GRANTED for failure to provide the more particul ar allegations which are required for claims of fraud as mandated by FED. R. CIV. P. 9(b), for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2), and for lack of standing, and this case be REMANDED for further proceedings. Internal deadline for referral to district judge if objections are not filed earlier: 5/5/2009.. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 04/07/09. (dlt)
March 20, 2009 Opinion or Order Filing 178 ORDER ON MOTION TO DISMISS - Granting In Part and Denying In Part 96 Defendant James V. Crosby, Jr's Motion for Summary Judgment. The Report and Recommendation doc. 174 is ACCEPTED and adopted as the opinion of the court. I do not direct the entry of a judgment under Federal Rule of Civil Procedure 54(b) on the dismissed claims. The case is remanded to the magistrate judge for further proceedings. Signed by CHIEF JUDGE ROBERT L HINKLE on 03/20/09. (dlt)
February 20, 2009 Opinion or Order Filing 174 REPORT AND RECOMMENDATION, it is RECOMMENDED that Defendant Crosby's motion to dismiss, doc. 96 , be GRANTED the complaint DISMISSED as to (1) Plaintiffs' retaliation claim (Count III) against Crosby; (2) Plaintiff Donal d Halpin's RICO claim (Count I) against Crosby for providing poor recommendations to the Parole Commission for prisoners who did not pay a bribe, because Plaintiff failed to exhaust this claim; (3) and all of Plaintiff Donald Halpin's reque sts for compensatory and punitive damages against Crosby for lack of an allegation of physical injury pursuant to 42 U.S.C. § 1997e(e). It is further RECOMMENDED that the motion to dismiss, doc. 96 , be otherwise DENIED, and the case be REMANDED for further proceedings. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 2/20/09. Internal deadline for referral to district judge if objections are not filed earlier: 3/20/2009. (pll)
February 19, 2009 Opinion or Order Filing 175 ORDER DENYING MOTION FOR DEFAULT JUDGMENT - The Report and Recommendation doc. 156 is ACCEPTED. The plaintiffs motion for a default judgment against the defendant Jimmie Lee Henry doc. 118 is DENIED.This case is remanded to the magistrate judge for further proceedings. Signed by CHIEF JUDGE ROBERT L HINKLE on 02/19/09. (dlt)
December 8, 2008 Opinion or Order Filing 156 THIRD REPORT AND RECOMMENDATION re 118 MOTION for Default Judgment as to Defendant Jimmie Lee Henry: It is respectfully RECOMMENDED that Plaintiffs' motion for a default judgment against Defendant Jimmie Lee Henry, doc. 118, be DENIED without prejudice, and this case be REMANDED to me for further proceedings.( Internal deadline for referral to district judge if objections are not filed earlier: 1/5/2009.). Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 12/08/08. (dlt)
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