Hutt v. Hofmann et al
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|Date Filed||#||Document Text|
|September 2, 2010
ORDER ADOPTING 52 REPORT AND RECOMMENDATION: 39 MOTION to Compel Defendant's to Respond to Interrogatories and Production of Documents Requests is DENIED and 36 Motion for Summary Judgment is GRANTED. This case is DISMISSED. Pursuant to Fed. R. App. P. 22(b), a certificate of appealability is DENIED. Furthermore, it is certified that any appeal of this matter would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3). Signed by Judge William K. Sessions III on 9/2/2010. (law)
|August 18, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION granting in part, denying in part 16 Motion to Dismiss. All claims brought against the defendants in their official capacities are DISMISSED with prejudice. Hutts claims for declaratory judgment are DISMIS SED without prejudice as moot. Claims brought against defendants Hofmann and Ashburn in their individual capacities, Hutts Eighth Amendment claim, and all claims for compensatory damages are DISMISSED without prejudice as well, subject to re-pleading within 30 days of the date of this Order. Failure to file a timely amended complaint will result in the dismissal of those claims with prejudice.Signed by Judge William K. Sessions III on 8/18/2009. (jam)
|July 30, 2009
REPORT AND RECOMMENDATION - recommending that defendants' 16 MOTION to Dismiss be granted in part and denied in part. All claims for damages against defendants in their official capacities should be dismissed with prejudice. Hutts claim for declaratory judgment should be dismissed without prejudice as moot. Claims against defendants Hofmann and Ashburn in their individual capacities, Hutts Eighth Amendment claim, and all claims for compensatory damages should be dismissed without preju dice, subject to re-pleading within 30 days of the Courts Order on this Report and Recommendation. Failure to file a timely amended complaint will result in the dismissal of those claims with prejudice. Objections to R&R due by 8/17/2009. Signed by Judge John M. Conroy on 7/30/09. (hbc)
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