McKinney v. Paddock et al
| Anthony L McKinney |
| Lt. R. Kammer, Lt. Shawn Frye, Warden Donnie Morgan, Hearing Officer's "Unknown", Denise Paddock, Warden Norman Robinson and Sgt. B. Preston |
| 2:2020cv01450 |
| March 20, 2020 |
| U.S. District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| George C Smith |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
177
OPINION and ORDER adopting 174 the Report and Recommendation. Signed by Judge Michael H. Watson on 3/20/2024. (jk) (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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Filing
174
REPORT AND RECOMMENDATIONS - Accordingly, it is RECOMMENDED that: 1. Defendants Motion for Summary Judgment (Doc. # 152 ) be GRANTED in its entirety. 2. Plaintiffs Motion for Summary Judgment (Doc. # 155 ) be DENIED on all of Plaintiffs claims ari sing under the United States Constitution; 3. The Court decline to exercise supplemental jurisdiction over Plaintiff's remaining state law claims; and 4. This case be TERMINATED on the Courts docket. Objections to R&R due by 2/15/2024. Signed by Magistrate Judge Peter B. Silvain, Jr on 1/31/24. (pb)(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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Filing
132
ORDER - Plaintiff's "Motion for An Order Compelling Disclosure or Discovery Federal. Rule. Civil Procedure. (a)(3)(B)" (Doc. # 95 ) is GRANTED in part and DENIED in part; Plaintiff's "Motion to Amend and Supplement and Ord er Compelling Disclosure or Discovery Federal. Rule. Civil Procedure. (a)(3)(B)" (Doc. # 97 ) is GRANTED in part and DENIED in part; Plaintiff's "Motion for an Order Compelling Disclosure, Discovery Fed R. 34, 36, & 37 Due to Defend ants Failure to Properly Respond to Admissions and the Late Turning Over of Admissions [Plaintiff] Request Leave to Issue [Interrogatories]" (Doc. # 116 ) is GRANTED in part and DENIED in part; Plaintiff"s "Motion to Strike" (Doc. # 117 ) is DENIED; State of Ohio, Interested Party's "Motion for a Protective order; in the alternative Motion to Quash Interrogatories Served Upon William Cool, Non Party [Doc. 122 " (Doc. # 124 ) is GRANTED; Defendant Shawn Frye&# 039;s Motion for a Protective Order (Doc. # 125 ) is GRANTED; Defendant Ryan Kammer's Motion for a Protective Order (Doc. # 126 ) is GRANTED;Defendant Denise Paddock's Motion for a Protective Order (Doc. # 127 ) is GRANTED; andDefendant Br ian Preston's Motion for a Protective Order (Doc. #1 28 ) is GRANTED. Signed by Judge Peter B. Silvain, Jr. on 2/24/2023. (bjr)(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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Filing
96
REPORT AND RECOMMENDATIONS: It is Therefore Recommended that: 1. Defendants' Motion for Summary Judgment (Doc. # 82 ) be GRANTED in its entirety. 2. Plaintiff's Motion for Summary Judgment (Doc. # 83 ) be DENIED on all of Plaintiff's claims arising under the United States Constitution; 3. The Court decline to exercise supplemental jurisdiction over Plaintiff's remaining state law claims; and 4. This case be TERMINATED on the Court's docket. Objections to R&R due by 7/29/2022. Signed by Magistrate Judge Peter B. Silvain, Jr. on 7/15/2022. (del)(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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Filing
88
ORDER granting in part and denying in part 80 Motion for Extension of Time; granting in part and denying in part 81 Motion for Discovery; granting in part and denying in part 84 Motion to Stay; denying 87 Motion for Default Judgment. Signed by Magistrate Judge Peter B. Silvain, Jr on 6/17/22. (pb)(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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Filing
73
OPINION and ORDER adopting 69 the Report and Recommendation; denying without prejudice 54 Motion for Summary Judgment; denying without prejudice 62 Motion for Entry of Default. Signed by Judge Michael H. Watson on 1/3/2022. (jk) (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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Filing
69
REPORT AND RECOMMENDATIONS re 54 MOTION for Summary Judgment filed by Anthony L. McKinney and 62 MOTION for Entry of Default filed by Anthony L. McKinney. Objections to R&R due by 12/7/2021. Signed by Magistrate Judge Peter B. Silvain, Jr. on 11/23/2021. (del)(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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Filing
57
ORDER adopting 55 the Report and Recommendation. Signed by Judge Michael H. Watson on 8/31/2021. (jk)(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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Filing
55
REPORT AND RECOMMENDATIONS re 53 Declaration - IT IS THEREFORE RECOMMENDED THAT: Declaration of Anthony L. McKinney for TRO (Doc. # 53 ) be DENIED. Objections to R&R due by 8/24/2021. Signed by Magistrate Judge Peter B. Silvain, Jr on 8/10/21. (pb)(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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Filing
34
OPINION AND ORDER denying 31 Motion for Leave to File Amended Complaint; granting 33 Motion for Extension of Time to Complete Discovery. Discovery due by 5/10/2021 & Dispositive Motions due by 6/10/2021. No further extensions will be granted absent extraordinary cause. Signed by Magistrate Judge Elizabeth Preston Deavers on 3/24/2021. (kk2)(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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Filing
24
ORDER - In the absence of more clarity from Plaintiff, this motion (doc. 19 ) is DENIED, but WITHOUT PREJUDICE to refile with more specificity. Plaintiffs motion for an extension of time to perfect service under Fed. R. Civ. P. 4(m) (doc. 20 ) is GRANTED. Therefore, Plaintiffs second motion for the appointment of counsel (doc. 21 ) is DENIED WITHOUT PREJUDICE. The Court will reconsider Plaintiffs motion at the conclusion of all discovery and the issuance of an order on motions for summary judgment, if any. IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 8/14/2020. (srb)(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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Filing
5
ORDER AUTHORIZING SERVICE OF PRO SE PLAINTIFFS COMPLAINT. Signed by Magistrate Judge Michael J. Newman on 3/30/20. (pb)(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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Filing
3
ORDER AND ENTRY: (1) GRANTING PLAINTIFFS MOTION FOR LEAVE TO PROCEED WITHOUT PREPAYMENT OF FEES (DOC. 1); AND (2) HOLDING SERVICE PENDING INITIAL REVIEW UNDER 28 U.S.C. § 1915- After consideration by the Court of Plaintiffs affidavit of indigenc e only, without regard to the merits of this case, Plaintiffs motion to proceed IFP (doc. 1 ) is hereby GRANTED pursuant to 28 U.S.C. § 1915(b) as follows: Plaintiff is assessed an initial partial filing fee of $8.40 (20 percent of his ave rage monthly deposits for the six-month period prior to filing his complaint). The incarcerating institution is ORDERED to forward from Plaintiffs prison account to the Clerk of Court located in Columbus, Ohio the initial partial filing fee assessed against Plaintiff forthwith. See McGore v. Wrigglesworth, 114 F.3d 601, 606 (6th Cir. 1997). Thereafter, the incarcerating institution is ORDERED to forward to the Clerk of Court located in Columbus, Ohio monthly payments of 20 percent of plaintiffs preceding months income credited to his prison account each time the amount of Plaintiffs account exceeds $10.00 until the full amount of the filing fee, i.e., $350.00, is paid. See id. The prisoners name and case number must be noted on ea ch remittance. Checks are to be made payable to: Clerk, U.S. District Court Checks are to be sent to: Prisoner Accounts Receivable, 260 U.S. Courthouse, 85 Marconi Boulevard, Columbus, Ohio 43215. Signed by Magistrate Judge Michael J. Newman on 3/24/2020. (kma)(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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