August 21, 2013 |
Filing
85
ORDER granting 64 Motion for Summary Judgment. Signed by Judge G. Patrick Murphy on 8/21/2013. (ktc)
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July 25, 2012 |
Filing
52
ORDER ADOPTING REPORT AND RECOMMENDATIONS 51 ; GRANTING IN PART AND DENYING IN PART 36 MOTION for Summary Judgment filed by Lieutenant Dintelman, Officer Urbanek, C/O Colgan, Gregory Schwatz, C/O Myers. Officer Urbanek, C/O Myers and Gregory Schwatz terminated. Signed by Judge G. Patrick Murphy on 7/25/2012. (ktc)
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September 19, 2011 |
Filing
12
ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson. Plaintiff fails to state a claim for retaliation or loss of personal property against DEFENDANT HARRIS. Therefore, Plaintiffs claims against DEFENDANT HARRIS are dismissed without prejudi ce to any state court claim. IT IS FURTHER ORDERED that, should Plaintiff wish to avoid the proposed severance of the separate retaliation claim against DEFENDANT BRADLEY, Plaintiff shall file his motion to voluntarily dismiss this claim within 45 d ays of the date of this order (on or before November 3, 2011). If no motion is filed by this deadline, severance shall proceed, a new case shall be opened, and a new filing fee assessed. Service shall not be made on DEFENDANT BRADLEY until after the expiration of the time for Plaintiff to file his motion to voluntarily dismiss. IT IS FURTHER ORDERED that Plaintiff shall file any exhibits which should be considered along with the First Amended Complaint, within 14 days of the date of this order (on or before October 4, 2011). IT IS FURTHER ORDERED that, as to Count 1 of the First Amended Complaint, the Clerk of Court shall prepare for Defendants COLGAN, MYERS, LT. DINTELMANN, SCHWATZ, and URBANEK (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). Donald G. Wilkerson added. Officer Harris terminated. (Action due by 11/3/2011). Signed by Judge G. Patrick Murphy on 9/19/2011. (beb)
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July 27, 2011 |
Filing
10
ORDER that Plaintiff has failed to state a claim upon which relief may be granted against Defendants DEROSSE, ASSISTANT WARDEN DINTELMANN, HUBBARD, MILLER, RANDLE, WARGEL, and WILSON. Therefore, these Defendants are DISMISSED from this action with pr ejudice. Counselor Hubbard, Jackie Miller, Michael Randle, Principal Wargel, Mr Wilson, Ms DeRosse and Assistant Warden Dintelmann terminated. IT IS FURTHER ORDERED that, should Plaintiff wish to proceed on his retaliation claim in COUNT TWO, Plain tiff shall file his First Amended Complaint, naming the individual Defendant(s) directly responsible for the alleged acts of retaliation in Count Two, within 35 days of the entry of this order (on or before August 31, 2011). Service shall not be ini tiated on Defendants COLGAN, MYERS, LT. DINTELMANN, and SCHWATZ until after Plaintiff has filed his First Amended Complaint in accordance with this order. The Clerk shall not initiate service on any additional Defendants responsible for the retaliat ory acts described in Count Two until such time as Plaintiff has identified them by name in a properly filed First Amended Complaint. Plaintiff is ADVISED that it is Plaintiffs responsibility to provide the Court with the names and service addresses for these individuals. (Action due by 8/31/2011). Signed by Judge G. Patrick Murphy on 7/27/2011. (beb)
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