Green v. Rubenstein et al
| Jack Green |
| James Rubenstein, Thomas McBride, Correctional Medical Services, Inc., Mary Westfall and Devere, D.D.S |
| 5:2007cv00363 |
| January 7, 2008 |
| US District Court for the Southern District of West Virginia |
| Beckley Office |
| Kanawha |
| Thomas E. Johnston |
| R. Clarke VanDervort |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
97
MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the 93 Proposed Findings and Recommendations by Magistrate Judge and DIRECTS that the 80 Motion for Summary Judgment of Correctional Medical Services, Inc. and Mary Westfall b e GRANTED and that Plaintiff's 91 Motion to Dismiss Correctional Medical Service Inc. and Mary Westfall's Motion for Summary Judgment be DENIED; the Court further DIRECTS that Plaintiff's Complaint be DISMISSED WITH PREJUDICE. Signed by Judge Irene C. Berger on 8/16/2010. (cc: USMJ VanDervort; attys; any unrepresented party) (mls)
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Filing
86
ORDER: as moot denying Plaintiff's 52 MOTION to Dismiss; denying Defendant's 57 MOTION for Sanctions; granting Defendants' 69 MOTION for Modification of Time-Frame Order;" directing parties to file any dispositive motions by 9/14/2009. Signed by Magistrate Judge R. Clarke VanDervort on 8/19/2009. (cc: attys; any unrepresented party) (slr)
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Filing
75
MEMORANDUM OPINION AND ORDER: adopting the 70 Proposed Findings and Recommendations; granting 22 Motion to Dismiss filed by Mary Westfall, Correctional Medical Services, Inc., and Dr. Devere, D.D.S; denying 46 Motion to Dismiss Deliberate Indif ference Claims filed by Correctional Medical Services, Inc.; considering the 49 Motion to Dismiss Deliberate Indifference Claims filed by Dr. Devere, D.D.S as a motion for summary judgment and granting it; granting the 60 Motion for Summary Judgm ent filed by James Rubenstein and Thomas McBride; dismissing Plaintiff's retaliation claim; remanding this matter to the magistrate judge for further proceedings with respect to Plaintiff's claims against CMS and Ms. Westfall. Signed by Judge Thomas E. Johnston on 3/18/2009. (cc: attys; any unrepresented party) (slr)
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Filing
70
PROPOSED FINDINGS AND RECOMMENDATIONS: recommending that the District Court grant the 22 MOTION by Correctional Medical Services, Inc., Mary Westfall, and Dr. Devere, DDS to Dismiss; deny the 46 MOTION by Correctional Medical Services, Inc. to D ismiss Deliberate Indifference Claims Against Correctional Medical Services; consider the 49 MOTION by Dr. Devere, DDS to Dismiss Deliberate Indifference Claims and Motion for Summary Judgment and GRANT it; grant 60 MOTION by James Rubenstein and Thomas McBride for Summary Judgment; dismiss Plaintiff's Complaint against Dr. DeVere and the State Defendants; dismiss Plaintiff's retaliation claim, and REMAND this matter to Magistrate Judge VanDervort for further proceedings with respe ct to Plaintiff's claims against Correctional Medical Services and Ms. Westfall and consideration of whether their policies and practices were unconstitutional. This case no longer referred to Magistrate Judge R. Clarke VanDervort. Objections to Proposed F&R due by 3/13/2009. Signed by Magistrate Judge R. Clarke VanDervort on 2/26/2009. (cc: attys; any unrepresented party) (slr)
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