Clark v. Johnston et al
| David E. Clark |
| L. Johnson and Art James |
| 4:2007cv00941 |
| March 30, 2007 |
| US District Court for the Northern District of Ohio |
| Youngstown Office |
| Mahoning |
| George J. Limbert |
| Sara Lioi |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
261
Order. For the reasons set forth herein, plaintiff's 254 emergency motion for reinstatement of proceedings, relief from judgment or, in the alternative, to enforce the settlement agreement is denied. See Order for complete details. Judge Sara Lioi on 07/07/2017.(M,TL)
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Filing
245
Order: Upon the representation of parties and counsel, as memorialized in the Minutes of Proceedings from the settlement conference conducted on 7/6/2016 by Magistrate Judge George J. Limbert, that this action has been settled between the part ies, this case is hereby dismissed. Final documents shall be filed for the Court's approval on or before 7/21/2016. The Court retains jurisdiction to resolve disputes concerning the settlement agreement in this matter. Case closed. Judge Sara Lioi on 7/6/2016. (S,He)
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Filing
184
Memorandum Opinion: To the extent plaintiff's objections to the Magistrate Judge's Report and Recommendation can be found to be proper and specific within the meaning of the relevant rules for de novo review, they are all overruled. Plaintiff having failed to establish any material factual dispute by reference to the record, and defendants being entitled to summary judgment on the sole remaining retaliation claim, defendants' motion for summary judgment is granted and this case is dismissed. Further, the Court certifies pursuant to 28 U.S.C. Section 1915(a)(3) that an appeal from this decision could not be taken in good faith. (Related Doc # 161 , 174 ). Judge Sara Lioi on 3/28/2013. (P,J) Modified on 3/28/2013 to create link to Doc. No. 161 . (P,J).
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Filing
177
Memorandum Opinion: The Court has reviewed the Magistrate Judge's report and recommendation (Doc. No. 174 ) and accepts the same. Accordingly, the Court grants defendants' motion for summary judgment (Doc. No. 161 ) and dismisses this action. Further, the Court certifies pursuant to 28 U.S.C. Section 1915(a)(3) that an appeal from this decision could not be taken in good faith. Judge Sara Lioi on 3/5/2013. (P,J)
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Filing
131
Memorandum Opinion and Order: For the reasons discussed, all of plaintiff's objections are overruled. The Court need not modify either of the Orders issued by the Magistrate Judge (Doc. Nos. 123 and 126 ) and they, therefore, stand as written. Judge Sara Lioi on 10/7/2011. (P,G)
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Filing
87
Memorandum Opinion and Order: Pursuant to Fed.R.Civ.P. 72(b)(3), having conducted a de novo review of the objections to the Interim Report and Recommendation (Doc. No. 79 ), the Court accepts recommendations 1(a), 1(b) and 2, but rejects reco mmendation 1(c). Therefore, the Court grants defendants' motion for summary judgment on the issue of qualified immunity (Doc. No. 75 ) and denies plaintiff's motion for summary judgment on the issue of qualified immunity (Doc. No. 67 ). In addition, the Court grants Doc. No. 82 , defendants' motion to withdraw responses to requests for admission. Judge Sara Lioi on 12/16/2008. (P,J)
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Filing
79
Interim Report and Recommendation: It is recommended that the Court grant defendants' motion for summary judgment on qualified immunity, insofar as it relates to alleged acts taken in retaliation for plaintiff's pursuit of an informa l grievance that he voiced to DRC chief legal counsel during his tour of OSP, appeals from his criminal conviction, or other grievances upon which plaintiff was attempting to exhaust his administrative remedies; further, it is recommended that the Co urt grant defendants' motion for summary judgment on qualified immunity, insofar as it relates to his participation in a federal class action suit against OSP (Wilkinson v. Austin), and defendant L. Johnson's alleged participation in a fals e conduct report dated 6/2/05; further, it is recommended that defendants' motion for summary judgment on qualified immunity be denied, insofar as it relates to his participation in a federal class action suit against OSP (Wilkinson v. Austin), and defendant L. James' alleged participation in a false conduct report dated 5/12/05, 5/5/05, and 6/2/05; further, it is recommended that the Court deny as moot plaintiff's motion for summary judgment on the issue of qualified immunity (Related documents 75 , 67 , 1 ). Magistrate Judge George J. Limbert on 9/12/08. (S,AA) Modified on 11/23/2009 to create link (P,G).
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