Owens v. Tibbs et al

Owens v. Tibbs et al

Case Number:	5:2022cv00271
Filed:	July 28, 2023
Court:	US District Court for the Northern District of West Virginia
Office:	Wheeling Office
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights

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Date Filed	Document Text
July 28, 2023	Filing 66 ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS. Plaintiff's Motion for Partial Summary Judgment on Availability of Administrative Remedies 57 is DENIED. Defendants Shannon Sams and Joseph Wood's Motion for Summary Judgment Rega rding Failure to Exhaust Administrative Remedies 59 is GRANTED. Defendants Timothy Tibbs and Michael Costello's Motion for Summary Judgment 61 is GRANTED. The magistrate judge's R&R 37 is ADOPTED. As such, defendants Shannon Sams and Superintendent Joseph Wood's Motion to Dismiss Plaintiff's Complaint 20 is converted as recommended and GRANTED. Defendants Timothy Tibbs and Michael Costello's Motion for Judgment on the Pleadings 24 is DENIED AS MOOT. The Clerk is instructed to enter judgment in favor of defendants and to strike this matter from the active docket of this Court. Signed by District Judge John Preston Bailey on 7/28/2023. (ag)

Date Filed

Document Text

July 28, 2023

Filing 66 ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS. Plaintiff's Motion for Partial Summary Judgment on Availability of Administrative Remedies 57 is DENIED. Defendants Shannon Sams and Joseph Wood's Motion for Summary Judgment Rega rding Failure to Exhaust Administrative Remedies 59 is GRANTED. Defendants Timothy Tibbs and Michael Costello's Motion for Summary Judgment 61 is GRANTED. The magistrate judge's R&R 37 is ADOPTED. As such, defendants Shannon Sams and Superintendent Joseph Wood's Motion to Dismiss Plaintiff's Complaint 20 is converted as recommended and GRANTED. Defendants Timothy Tibbs and Michael Costello's Motion for Judgment on the Pleadings 24 is DENIED AS MOOT. The Clerk is instructed to enter judgment in favor of defendants and to strike this matter from the active docket of this Court. Signed by District Judge John Preston Bailey on 7/28/2023. (ag)

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