Surgenor v. Moore et al
Plaintiff: James Surgenor
Defendant: Gary Moore, Thomas Shweitzer, Thomas Luneke, Tyler Ley, Brian Holley and Quillen Berry
Case Number: 1:2016cv01179
Filed: December 30, 2016
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: WARREN
Presiding Judge: Timothy S. Black
Presiding Judge: Karen L. Litkovitz
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 15, 2019 Opinion or Order Filing 79 DECISION AND ENTRY adopting Report and Recommendations re 74 Report and Recommendations; Ordering Plaintiff to File Notice Correcting or Confirming his Address; and granting in part and denying in part 51 Motion to Dismiss for Failure to State a Claim;. Signed by Judge Timothy S. Black on 3/15/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 8, 2019 Opinion or Order Filing 74 REPORT AND RECOMMENDATION that 1. defendants' 51 MOTION TO DISMISS be Granted for failure to exhaust administrative remedies as to plaintiff's 8th amendment claim against defendants Ley, Holley and Berry and plaintiff's 1st amendm ent retaliation claim against defendant Cherryholmes. These claims should be Dismissed without prejudice. 2. defendants' 51 MOTION TO DISMISS the complaint be Granted for failure to state a claim for relief as to plaintiff's 1st amendm ent retaliation claim against defendant Bell. The claim against defendant Bell should be Dismissed. 3. defendant's 51 MOTION TO DISMISS be Denied as to plaintiff's 1st amendment retaliation claims against defendants Berry and Saylor. Objections to R&R due by 2/22/2019. Signed by Magistrate Judge Karen L. Litkovitz on 2/8/2019. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 29, 2018 Opinion or Order Filing 72 ORDER denying plaintiff's motions for 58 Motion to Amend the docket sheet; denying 61 Motion for leave to file a sur-reply and for an Extension of Time; denying 65 Motion to admit documents into evidence ; denying 66 67 requests for discovery; denying 68 Motion to Appoint Counsel ; and denying defendants' 69 Motion to Stay discovery. Signed by Magistrate Judge Karen L. Litkovitz on 10/26/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 29, 2018 Opinion or Order Filing 41 ORDER ADOPTING REPORT AND RECOMMENDATIONS and Denying 27 Motion to Amend/Correct filed by James Surgenor, Denying 16 Motion to Amend/Correct filed by James Surgenor. Signed by Judge Timothy S. Black on 1/29/18. (jlm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 27, 2017 Opinion or Order Filing 36 ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Reports and Recommendations (Docs. 4, 12) and Supplemental Report and Recommendations (Doc. 13) are ADOPTED; Plaintiffs Objections (Doc. 26) are OVERRULED; Plaintiffs motion for preliminary injunctive relief (Doc. 9) is DENIED;The claims asserted in Plaintiffs complaint (Doc. 3) are DISMISSED; Plaintiffs motion to amend the complaint (Doc. 10) is GRANTED to the extent it seeks leave to correct the name of Defendant Moore to Mohr, and to the extent it seeks leave to add: (A) Plaintiffs Eighth Amendment claim regarding deprivation of meals by Defendants Berry, Holley and Ley;(B) Plaintiffs First Amendment retaliation claim against Defendants Bell, Berry, and Saylor, and (C) Plaintiffs First Amendment claim alleging a violation of Plaintiffs right to freely exercise his Christian religion against Defendant Cherry Holmes;to the extent Plaintiffs motion to amend the Complaint (Doc. 10) seeks to add additional claims and/or additional defendants, it is DENIED. Signed by Judge Timothy S. Black on 12/27/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 8, 2017 Opinion or Order Filing 13 SUPPLEMENTAL REPORT AND RECOMMENDATION that plaintiff's 11 MOTION to amend the complaint should be Denied in part and Granted in part pursuant to this report and recommendation including plaintiff's motion to correct the name of defend ant Moore to "Mohr" and to add an additional prayer for relief. Objections to R&R due by 3/22/2017. Signed by Magistrate Judge Karen L. Litkovitz on 3/8/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Plaintiff: James Surgenor
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Defendant: Gary Moore
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Defendant: Thomas Shweitzer
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Defendant: Thomas Luneke
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Defendant: Tyler Ley
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Defendant: Brian Holley
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Defendant: Quillen Berry
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