October 28, 2015 |
Filing
232
ORDER ADOPTING 212 REPORT AND RECOMMENDATION - Plaintiff's 209 Motion for Leave to File an Eighth Amended Complaint is DENIED. This case is REMANDED to the Magistrate Judge for further proceedings. Signed by SENIOR JUDGE MAURICE M PAUL on 10/28/2015. (jws)
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July 13, 2015 |
Filing
186
ORDER: Clerk shall terminate the 177 Report and Recommendation pursuant to the issuance of the 180 Amended Report and Recommendation. Magistrate Judge's 180 AMENDED REPORT AND RECOMMENDATION is ADOPTED and incorporated by reference in this order. Plaintiff's 174 Motion for leave to file a sixth amended complaint is DENIED. This case is REMANDED to the Magistrate Judge for further proceedings. Signed by SENIOR JUDGE MAURICE M PAUL on 7/13/2015. (jws)
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June 5, 2015 |
Filing
179
ORDER adopting 170 Report and Recommendation; denying 169 PLAINTIFFS MOTION FOR DOCUMENTS. Signed by SENIOR JUDGE MAURICE M PAUL on 6/5/2015. Plaintiff's Eighth Amendment claim raised against Defendant Madan is DISMISS ED for failure to serve the Defendant with process within 120 days as required by Federal Rule of Civil Procedure 4(m), and for failure state a claim upon which relief can be granted. This case is remanded to the Magistrate Judge for further proceedings. (kdm)
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May 8, 2015 |
Filing
166
ORDER adopting 148 AMENDED REPORT AND RECOMMENDATION; granting 157 MOTION for an Extension and Notice of Change of Address; vacating 156 ORDER - ADOPTING 148 REPORT AND RECOMMENDATION; granting 74 (First) MOTION TO DISMI SS FOR FAILURE TO STATE A CLAIM; granting in part 78 (Second) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; granting in part 97 (Third) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; granting in part 118 (Fourth) MOTION TO DISMISS FOR FAILUR E TO STATE A CLAIM. Signed by SENIOR JUDGE MAURICE M PAUL on 5/7/2015. Plaintiffs claims raised against Defendants Jennings and Johnson are DISMISSED for failure to serve Defendants with process within 120 days as required by Rule 4(m). Plaintiff s claims against Defendant Tucker are DISMISSED for failure to state a claim and for failure to serve process. Plaintiffs claim against the Secretary of the Department of Corrections Michael Crews, hereby substituted as Julie Jones, is DISMISSED. This case is REMANDED to the Magistrate Judge for further proceedings, with all remaining claims proceeding against Defendants in their individual capacities only, limited to nominal damages only with the exception of Plaintiffs claims against Defendants Gartman and Madan, upon which Plaintiff may request compensatory and punitive damages. (kdm)
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April 13, 2015 |
Filing
156
ORDER - 1. ADOPTING 148 REPORT AND RECOMMENDATION. 2. Plaintiff's claims raised against Defendants JENNINGS and JOHNSON are DISMISSED for failure to serve Defendants with process within 120 days as required by Rule 4(m). 3. Plaintiff's claims against Defendant TUCKER are DISMISSED for failure to state a claim and for failure to serve process. 4. First 74 Motion to Dismiss by Defendants ADAMS, NEEL, and SECRETARY JONES is GRANTED. Plaintiff's claim against the Secretary of the Department of Corrections Michael Crews, hereby substituted as Julie Jones, is DISMISSED as Plaintiff's requests for injunctive and declaratory relief are moot and Defendant holds immunity under the Eleventh Amendment. Plain tiff's claims against Defendants Adams and Neel are DISMISSED for failure to state a claim upon which relief may be granted. 5. Second 78 Motion to Dismiss by Defendants BASS, FORD, GARTMAN, GOODWIN, HOWARD, and LANDRUM is GRANTED IN PART. Pla intiff's claims against these Defendants in their official capacities, Plaintiffs requests for declaratory and injunctive relief against these Defendants, and Plaintiff's requests for monetary damages as to Defendants Bass, Ford, Goodwin, H oward, and Landrum are DISMISSED. Otherwise, the motion is DENIED. 6. Third 97 motion to dismiss by Defendants LAGOS and WOODALL is GRANTED IN PART. Plaintiff's claims against these Defendants in their official capacities, and Plaintiff's requests for declaratory and injunctive relief and monetary damages against these Defendants, are DISMISSED. Otherwise, the motion is DENIED. 7. Fourth 118 motion to dismiss by Defendant REYNOLDS is GRANTED IN PART. Plaintiff's claims against this Defendant in her official capacity and Plaintiff's requests for declaratory and injunctive relief and monetary damages against this Defendant are DISMISSED. Otherwise, the motion is DENIED. 8. Case is REMANDED to the Magistrate Judge for further proceedings, with all remaining claims proceeding against Defendants in their individual capacities only, limited to nominal damages only, with the exception of Plaintiff's claims against Defendants GARTMAN and MADAN, upon which Plaintiff may request compensatory and punitive damages. Signed by SENIOR JUDGE MAURICE M PAUL on 4/13/2015. (jws)
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September 4, 2014 |
Filing
102
ORDER adopting 84 Report and Recommendation; denying 81 MOTION for Leave to File an Amended (Fifth) Complaint to be Supplemental. Signed by SENIOR JUDGE MAURICE M PAUL on 9/4/2014. This case is REMANDED to the Magistrate Judge for further proceedings, including consideration of the pending motions to dismiss. (kdm)
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April 4, 2012 |
Filing
21
ORDER ADOPTING 18 REPORT AND RECOMMENDATION: 17 Third Amended Complaint filed by JOHN C SPAULDING is DISMISSED for failure to state a claim upon which relief may be granted. Clerk shall note on docket that this case was dismissed pursuant to 28 U.S.C.§1915(e)(2)(B)(ii). Signed by SENIOR JUDGE STEPHAN P MICKLE on 4/4/2012. (jws)
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