Naum v. Idaho Department of Health and Welfare et al
James Naum |
Idaho Department of Health and Welfare, Barbara K. Richards, Janice Adams, Lindsay Russell, Richard M. Armstrong, Christine Roberson, Dana McGrew, Edward P. Lockwood, Doe 1 and Doe 2 |
1:2009cv00633 |
December 7, 2009 |
US District Court for the District of Idaho |
Boise - Southern Office |
Ada - Southern |
B. Lynn Winmill |
Plaintiff |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
Available Case Documents
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Filing 55 MEMORANDUM DECISION AND ORDER denying 50 Motion to Dismiss; denying 51 Motion to Join B. Lynn Winmill as a Third Party Defendant; denying 52 Motion to Disqualify Judge. The Clerk of Court shall forward the 16 Amended Complaint, the 24 Secon d Review Order, this Order, and a Waiver of Service of Summons to counsel for Defendant Dana McGrew, Attorney Michael Edward Kelly, who has appeared in this matter. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 53 MEMORANDUM DECISION AND ORDER granting in part and denying in part 43 Motion to Amend/Correct. Plaintiff shall file a Second Amended Complaint within 45 days. The Second Amended Complaint shall be filed in strict adherence with this order or be subject to dismissal. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 24 SECOND REVIEW ORDER. The Court's 15 Judgment and 17 Order dismissing Plaintiff's case are VACATED. Plaintiff may proceed with respect to tort claims and due process claims under the 5th and 14th Amendments. Plaintiff may proceed against the following defendants: Dana McGrew and Edward Lockwood. Plaintiff's claims asserting violations of the 4th and 8th Amendments are DISMISSED. Plaintiff's claims against the following defendants are DISMISSED: Barbara Richards, Christine Roberson, Idaho DHW, Governor Buth Otter, Richard Armstrong, Lindsay Russell, and Doe IIs.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 10 MEMORANDUM DECISION AND ORDER finding as moot 1 Motion for Leave to Proceed in forma pauperis; granting 7 Motion for Leave to Proceed in forma pauperis. Plaintiff shall pay $25.00 monthly to the Clerk of Court on or before the last day of ev ery month, starting in June 2010, until the balance of $350.00 is paid in full. It is further hereby ORDERED that Plaintiff shall have until 6/30/2010 to amend his Complaint. If Plaintiff fails to amend, the claims conditionally dismissed in this order may be dismissed with prejudice. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
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