Jenkins v. Montgomery County
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|Date Filed||#||Document Text|
|November 30, 2010
MEMORDANDUM AND ORDER: The 132 Report and Recommendation is ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons stated therein and herein, it is hereby ORDERED that the defendants' 121 Motion for Summ ary Judgment is GRANTED, the plaintiff's 113 Motion for Summary Judgment is DENIED, and the plaintiff's 106 Motion to Add a Defendant is DENIED. On November 9, 2010, the plaintiff filed a 136 motion to be appointed counsel to assist him in preparing for trial. As there will not be a trial, this motion is DENIED. This case is DISMISSED WITH PREJUDICE. Signed by District Judge Aleta A. Trauger on 11/30/2010. (xc:Pro se party by regular and certified mail.)(ab)
|November 5, 2010
ORDER granting in part and denying in part 103 and 107 Motions for Extension of Time to Amend and Motion to waive costs; denying as moot 108 Motion to Compel; denying 128 Motion to Appoint Counsel ; granting 129 Motion to Ascertain Status of Motions. Signed by Magistrate Judge John S. Bryant on 11/05/2010. (xc:Pro se party by regular and certified mail.)(ab)
|November 25, 2009
ORDER: On October 28, 2009, the Magistrate Judge issued a Report and Recommendation (Docket No. 46 ), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it hereby ORDERED that the plaintiff's Motion To Amend (Docket No. 26 ) is GRANTED, except as to the naming of the Montgomery County Jail Mail Room as a defendant. It is further ORDERED tha t all claims against Montgomery County and against defendants Weatherbee and Armstrong in their official capacities are DISMISSED pursuant to 28 U.S.C. § 1915(A)(b)(1), for failure to state a claim upon which relief may be granted. It is further ORDERED that the plaintiff's "Motion to Add a Defendant" (Docket No. 52 ), is GRANTED. The court construes this motion as an attempt to add as named defendants John Does 1, 2 and 3, the names of whom he will learn during the discove ry process. These are the three individuals against whom the plaintiff has been attempting to assert a claim regarding the opening of his legal mail, which claim remains in the case lodged at the moment only against the John Does. This case is returned to the Magistrate Judge for further handling. It is so ORDERED. ENTER this 25th day of November 20009. Signed by District Judge Aleta A. Trauger on 11/25/09. (xc: Plaintiff by regular & certified mail)(af)
|October 28, 2009
REPORT AND RECOMMENDATION that 26 MOTION for Leave to File Amended Complaint filed by D'Angelo Marquez Jenkins be GRANTED except as to the naming of the Montgomery County Jail Mail Room as defendant; that all claims against Montgomery County, as well as the claims against defendants Weatherbee and Armstrong in their official capacities, be DISMISSED for failure to state a claim upon which relief may be granted; and, that the claim against defendants Weatherbee and Armstrong in their indiv idual capacities be allowed to go forward. Plaintiff has 10 days from receipt of this Report and Recommendation in which to file any written objections to it with the District Court. Signed by Magistrate Judge John S. Bryant on 10/28/09. (xc: Pltf by reg. and cert. mail)(ab)
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