Lanphier v. Cox et al
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|Date Filed||#||Document Text|
|July 3, 2012
JUDGMENT ADOPTING 81 Report and Recommendations; granting 58 Motion for Summary Judgment, granting 62 Motion for Summary Judgment; denying 60 Motion for Summary Judgment. Plaintiff federal law claims for exposure to environmental tobacco smoke and for retaliatory denial of access to the library are DISMISSED WITHOUT PREJUDICE on the merits, but WITH PREJUDICE for purposes of proceeding in forma pauperis pursuant to 28 USC 1951(d). Plaintiff's remaining claims arising under the Constitution and laws of the United States are DISMISSED WITH PREJUDICE. Plaintiff's remaining state law claims, if any, are DISMISSED WITHOUT PREJUDICE, pursuant to 28 USC 1367(c). IT IS FURTHER ORDERED that Plaintiff's claims against Warden Jimmy Shivers are DISMISSED. Signed by Chief Judge Robert G James on 7/3/2012. (crt,Gregory, C) Modified to correct file date on 7/5/2012 (Gregory, C).
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