Toler v. Troutt et al
Plaintiff: Wiley Toler
Defendant: Jeffery Troutt and Katryna Frech
Case Number: 5:2013cv01025
Filed: September 23, 2013
Court: US District Court for the Western District of Oklahoma
Office: Oklahoma City Office
County: Alfalfa
Presiding Judge: Shon T. Erwin
Presiding Judge: Stephen P. Friot
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 26, 2015 Opinion or Order Filing 64 ORDER DENYING as premature 58 Motion to Compel filed by Wiley Toler, DENYING 59 Objection to Report and Recommendation filed by Wiley Toler, GRANTING IN PART and DENYING IN PART 60 , 63 Objections to Report and Recommendation filed by Wiley Toler, DENYING 61 Defendants' Objections to Report and Recommendation, ACCEPTING, ADOPTING and AFFIRMING 56 Report and Recommendation and 57 Report and Recommendation, although doc. no. 57 is ADOPTED w/the minor modification & clarificat ion noted in this order, DENYING 33 Motion to Certify and Motion to Appoint Counsel filed by Wiley Toler, GRANTING IN PART and DENYING IN PART 31 Motion to Dismiss, Motion for Summary Judgment filed by Katryna Frech, Jeffery Troutt (dfts& #039; mtn to dismiss with prejudice all claims for monetary relief alleged against dfts in their official capacities, & dfts' mtn to dismiss counts two & three for failure to state a claim, is GRANTED; dft Frech's msj on plf's eighth a mendment claim is GRANTED; & Dr. Troutt's msj on plf's eighth amendment claim is DENIED), DENYING in its entirety 37 Motion for Summary Judgment filed by Wiley Toler. The only count which survives this order is count one, alleging deli berate indifference to plf's need for pain medication, specifically Neurontin, in violation of the Eight Amendment. Count one survives to the extent that it is alleged against Dr. Troutt in his individual capacity, & to the extent, if any, that there is a need for non-monetary relief w/respect to this claim as it is alleged against the dfts in their official capacities. This case will be set for a status/scheduling conf by separate order. Signed by Honorable Stephen P. Friot on 3/26/15. (llg)
October 31, 2014 Opinion or Order Filing 55 ORDER ADOPTING 52 Supplemental Report and Recommendation, DENYING 22 Motion for Leave to File Pleading for Preliminary Injunction filed by Wiley Toler, CONSTRUING 51 "Writ of Prohibition/Judicial Notice" filed by Wiley Toler (which continues to pend before the magistrate judge) in the manner stated in the Supplemental Report. This action remains referred to the magistrate judge. Signed by Honorable Stephen P. Friot on 10/31/14. (llg)
October 7, 2013 Opinion or Order Filing 8 ORDER ADOPTING 5 Report and Recommendation w/respect to denial of 2 Motion for Leave to Proceed in forma pauperis filed by Wiley Toler. The R&R is otherwise moot. This matter is REFERRED back to Magistrate Judge Shon T. Erwin for all purposes consistent with the original referral. The Magistrate Judge's attn is directed to the requests from the plf included within 6 plf's ltr of transmittal. Signed by Honorable Stephen P. Friot on 10/7/13. (llg)
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Plaintiff: Wiley Toler
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Defendant: Jeffery Troutt
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Defendant: Katryna Frech
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