Balanquet v. Northeast Ohio Correctional Center/Correctional Corporation of America et al
| Rafael Balanquet |
| Northeast Ohio Correctional Center/Correctional Corporation of America, Joseph Gunja, Eric Staiger, Officer Aponte, Officer Vargas, Lt. Hivner and D. Yemma |
| 4:2009cv00520 |
| March 9, 2009 |
| US District Court for the Northern District of Ohio |
| Prisoner: Civil Rights Office |
| Mahoning |
| Peter C. Economus |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
26
Order Adopting Report and Recommendation (re 25 ) that the claims should be dismissed for failure to exhaust the administrative remedies prior to filing suit. However it is necessary to clarify her ruling and to modify it being dismissed with prejudice because of futility. The court further certifies that, pursuant to 28 U.S.C. § 1915(a)(3), an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. Signed by Judge Solomon Oliver, Jr on 1/31/2011. (D,M)
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Filing
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Memorandum Opinion and Order: Plaintifff's claims against Corrections Corporation of America and Northeast Ohio Correctional Center are dismissed pursuant to 28 U.S.C. Section 1915(e). The Court certifies, pursuant to 28 U.S.C. Section 1 915(a)(3), that an appeal from this decision could not be taken in good faith. This action shall proceed solely on Mr. Balanquest's claims against Warden Joseph Gunja, Chief Security Officer Eric Staiger, "SIS" Officer Aponte, "S OS" Officer Vargas, "SRO" Officer Lt. Hivner, and Case Manager D. Yemma. The Clerk's Office is directed to forward the appropriate documents to the U.S. Marshal for service of process and shall include a copy of this order in the documents to be served upon the defendants. Related document 1 . Signed by Judge Peter C. Economus on 7/24/2009. (H,LA) Modified text on 7/28/2009 (P,G).
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