Napier v. D. Bobby, Warden
| Ronald A. Napier |
| Martin Escobar, Mary Ellen Lampunshansky, S.U.N.D.A., D. Bobby and Dale Knowles |
| 4:2012cv00555 |
| March 6, 2012 |
| US District Court for the Northern District of Ohio |
| Youngstown Office |
| Mahoning |
| Benita Y. Pearson |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
50
Memorandum Opinion and Order: Defendant Dale Knowles' motion for summary judgment is dneied in part, as it relates to judgment on the merits of plaintiff's excessive force claim, and granted in part, as it relates to plaintiff's failure to exhaust administrative remedies prior to filing his federal case; therefore, plaintiff's sole remaining claim against defendant is dismissed without prejudice (Related document 36 ). Signed by Magistrate Judge George J. Limbert on 8/9/13. (S,AA)
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Filing
10
Memorandum Opinion and Order Plaintiff's claims against Defendants Bobby, Escobar, Lamprunshansky and S.U.N.D.A. are dismissed pursuant to 28 U.S.C. § 1915(e). Plaintiff's claims against Defendant Knowles in his official capaci ty are also dismissed. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. This action shall proceed solely on Plaintiff's Eighth Amendment excessive force claim aga inst Defendant Knowles in his individual capacity. 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 Defendant Knowles. Judge Benita Y. Pearson on 7/16/2012. (S,L)
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