HENDERSON v. LORD
| ROLANDO HENDERSON |
| LORD |
| 5:2008cv00283 |
| September 10, 2008 |
| US District Court for the Northern District of Florida |
| Prison Condition Office |
| Jackson |
| RICHARD SMOAK |
| ELIZABETH M TIMOTHY |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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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 granting 38 Motion for Summary Judgment; approving 43 Report and Recommendation. Clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 3/26/2010. (jem)
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Filing
43
REPORT AND RECOMMENDATION that Defendants' motion for summary judgment 38 be GRANTED. That Plaintiff's claims of Eighth Amendment violations based upon Defendant Vance's failure intervene when he was handcuffed by security officers, and Dr. Cherry's creating a policy of delaying medical treatment for inmates with broken bones, be DISMISSED without prejudice for failure to exhaust administrative remedies. That Plaintiff's remaining Eighth Amendment claims of inadequate medical treatment by Defendants be DISMISSED with prejudice. That the clerk be directed to enter final judgment accordingly and close the file. R&R flag set. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 3/16/10. Internal deadline for referral to district judge if objections are not filed earlier: 4/13/2010. (lcu)
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Filing
28
ORDER. The Clerk of Court is directed to send to the USMS a copy of this order for Defendant Dr. Cherry. The Clerk shall also prepare a Notice of a Lawsuit and Request to Waive Service of a Summons form (AO-398) for Defendant Cher ry, and send the notice and two Waiver of the Service of Summons forms (AO-399) to the USMS, pursuant to Fed. R. Civ. P. 4(d). Pursuant to Fed. R. Civ. P. 4(c)(2), all costs of service shall be advanced by the United States. The clerk shall refer this file to the undersigned if the waiver form is returned for insufficient address or for similar reason, if service on Defendant Cherry is returned unexecuted, or if the USMS has filed a statement of costs incurred for making personal service. De fendant Cherry shall have SIXTY (60) DAYS in which to file a response to the complaint. Counsel for Defendant Cherry shall file a notice of appearance within THIRTY (30) DAYS of the date of service. In any event, the Clerk shall refer this file to the undersigned forty-five (45) days from the date of this order. (Notify Chambers on 8/30/2009). Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 7/15/09. (lcu)
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Filing
25
ORDER. The clerk shall issue a summons for Defendant Doctor Cherry, indicating that he has sixty (60) days in which to file a response to the complaint. The clerk shall send the summons, a copy of this order, and a copy of the se cond amended complaint (Doc. 17) to Richard Saliba, Assistant General Counsel for the Department of Corrections, 2601 Blairstone Road, Tallahassee, FL 32399-2500. The Office of the General Counsel for the Department of Corrections shall have thirty (30) days from the date this order is entered on the docket in which to either: (1) inform the USMS in confidence of the last know address of Defendant Doctor Cherry, (2) enter an appearance on behalf of Defendant Doctor Cherry, or (3) advise the cou rt that neither alternative is possible. If the Assistant General Counsel provides the USMS with the last known addresses of Defendant Doctor Cherry and notifies the court that this has been done, the court will issue further instructions for service of process. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 6/24/09. Miscellaneous Deadline - by 7/24/2009 (lcu)
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Filing
4
ORDER re 1 Complaint filed by ROLANDO HENDERSON - 1. Pltf's 2 MOTION for Leave to Proceed in forma pauperis is DENIED without prejudice. 2. Clerk to forward an IFP application to plaintiff. 3. Within THIRTY (30 ) DAYS, pltf shall either pay $350.00 filing fee, or submit completed IFP motion as instructed herein. FILING Fee due by 10/16/2008 ; Alternatively IFP Motion due by 10/16/2008. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on September 16, 2008.(cc: Henderson) (cbj)
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