HETRICK v. MCNEIL
| DWAN HETRICK |
| WALT MCNEIL |
| 5:2008cv00272 |
| August 29, 2008 |
| US District Court for the Northern District of Florida |
| Panama City Office |
| Calhoun |
| STEPHAN P MICKLE |
| ELIZABETH M TIMOTHY |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
124
ORDER ON REPORT AND RECOMMENDATION; ADOPTING 122 , 123 FOURTH and FIFTH REPORTs AND RECOMMENDATION; GRANTING 95 Motion for Summary Judgment - treated as a motion to dismiss; GRANTING 111 First MOTION for Summary Judgment. Si gned by CHIEF JUDGE STEPHAN P MICKLE on 3/15/2011. Plaintiffs claims against Defendant Engram are dismissed for failure to exhaust administrative remedies. The clerk shall enter judgment for Defendants Salvador and Solorzano-Pallais on all claims. (kdm)
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Filing
105
ORDER ADOPTING REPORT AND RECOMMENDATION 99 Report and Recommendation. Signed by CHIEF JUDGE STEPHAN P MICKLE on 9/13/2010. The individual capacity claim brought against Dr. J. Scott Thayer is dismissed pursuant to Federal Rule of Civil Procedure 25(a). The Clerk shall refer this case to the Magistrate Judge for further proceedings. (kdm)
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Filing
55
ORDER ADOPTING 48 REPORT AND RECOMMENDATION and 49 SECOND REPORT AND RECOMMENDATION: Plaintiff's 46 MOTION to amend complaint is DENIED. Defendant's 33 MOTION to Dismiss is GRANTED IN PART and DENIED IN PART. Clai ms against Defendant Mathers are DISMISSED. Claims for monetary damages against Defendant Salvador in his official capacity are DISMISSED. MOTION to Dismiss the remaining claims on grounds of failure to sufficiently state and qualified immunity is DENIED. Clerk shall refer this case to Magistrate Judge for further proceedings. Signed by CHIEF JUDGE STEPHAN P MICKLE on 1/7/2010. (jws)
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Filing
49
SECOND REPORT AND RECOMMENDATION, it is RECOMMENDED that Defendants' motion to dismiss Plaintiff's amended complaint, doc. 3 , be GRANTED in part and DENIED in part; (1) the claims against Defendant Mathers should be DIS MISSED for Plaintiff's failure to exhaust administrative remedies and (2) the claims for monetary damages against Defendant Salvador in his official capacity should be DISMISSED pursuant to Eleventh Amendment Immunity. The motion to dismiss shou ld be DENIED on the basis that Plaintiff has sufficiently state a claim and qualified immunity is not available re 33 MOTION to Dismiss.It is further RECOMMENDED that the case be REMANDED to me for further proceedings. ( Internal deadline for referral to district judge if objections are not filed earlier: 10/16/2009.). Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 9/18/09. (pll) Modified on 1/8/2010 (jws).
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Filing
48
REPORT AND RECOMMENDATION, it is RECOMMENDED that Plaintiff's motion to amend the complaint, doc. 46 , be DENIED without prejudice because the proposed second amended complaint, doc. 47 , fails to state a claim upon which re lief may be granted as to the newly added Defendant, and the case be REMANDED to me for further proceedings. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 9/17/09. Internal deadline for referral to district judge if objections are not filed earlier: 10/15/2009. (pll)
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| Plaintiff: DWAN HETRICK | |
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| Defendant: WALT MCNEIL | |
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