EAKER v. MILLER

EAKER v. MILLER

Plaintiff:	JAMES DEAN EAKER
Defendant:	GARY MILLER
Case Number:	1:2007cv00575
Filed:	July 27, 2007
Court:	US District Court for the Middle District of North Carolina
Office:	Durham Office
County:	Montgomery
Presiding Judge:	WALLACE W. DIXON
Presiding Judge:	UNASSIGNED
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 15, 2008	Filing 86 MEMORANDUM OPINION AND RECOMMENDED RULING - MAGISTRATE JUDGE signed by MAG/JUDGE WALLACE W. DIXON on 9/15/08 re 82 MOTION for Judgment on the Pleadings filed by SLACK, FREEMAN be GRANTED, 67 MOTION for Summary Judgment filed by JAMES DEAN EAKER b e DENIED, 64 MOTION for Judgment on the Pleadings filed by JAMES RITTER be GRANTED, 59 MOTION to drop defendants from suit filed by JAMES DEAN EAKER be GRANTED, 29 MOTION for Judgment on the Pleadings filed by BOYD BENNETT, COLLINS, BEANE, GARY MILLER be GRANTED, 31 MOTION to Dismiss filed by HARRIS, LINDA BISSONETTE, RUTH HARE, WRAPE, GARY MILLER be GRANTED, 45 MOTION to Dismiss filed by MATTHEW HARMODY be DENIED as moot, 55 MOTION for Judgment on the Pleadings filed by MONTGOMERY C OUNTY HOSPITAL STAFF be DENIED as moot. The court should further note in the judgment and order that the Eighth Amendment claim based on failure to protect is dismissed without prejudice for failure to exhaust administrative remedies. Moreover, becau se Plaintiff is seeking a voluntary dismissal of Defendants Harmody and Montgomery Memorial Hospital, these Defendants should be dismissed without prejudice. If the court adopts this Recommendation, there will be no remaining claims in this matter. To this extent, the various pending discovery motions (docket nos. 38, 42, 48, 54, 60, 62, 66, 75) will be rendered moot. (Wilson, JoAnne)

Date Filed

Document Text

September 15, 2008

Filing 86 MEMORANDUM OPINION AND RECOMMENDED RULING - MAGISTRATE JUDGE signed by MAG/JUDGE WALLACE W. DIXON on 9/15/08 re 82 MOTION for Judgment on the Pleadings filed by SLACK, FREEMAN be GRANTED, 67 MOTION for Summary Judgment filed by JAMES DEAN EAKER b e DENIED, 64 MOTION for Judgment on the Pleadings filed by JAMES RITTER be GRANTED, 59 MOTION to drop defendants from suit filed by JAMES DEAN EAKER be GRANTED, 29 MOTION for Judgment on the Pleadings filed by BOYD BENNETT, COLLINS, BEANE, GARY MILLER be GRANTED, 31 MOTION to Dismiss filed by HARRIS, LINDA BISSONETTE, RUTH HARE, WRAPE, GARY MILLER be GRANTED, 45 MOTION to Dismiss filed by MATTHEW HARMODY be DENIED as moot, 55 MOTION for Judgment on the Pleadings filed by MONTGOMERY C OUNTY HOSPITAL STAFF be DENIED as moot. The court should further note in the judgment and order that the Eighth Amendment claim based on failure to protect is dismissed without prejudice for failure to exhaust administrative remedies. Moreover, becau se Plaintiff is seeking a voluntary dismissal of Defendants Harmody and Montgomery Memorial Hospital, these Defendants should be dismissed without prejudice. If the court adopts this Recommendation, there will be no remaining claims in this matter. To this extent, the various pending discovery motions (docket nos. 38, 42, 48, 54, 60, 62, 66, 75) will be rendered moot. (Wilson, JoAnne)

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Plaintiff: JAMES DEAN EAKER
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Defendant: GARY MILLER
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