William McCurine, Jr.

“IT IS HEREBY RECOMMENDED that the Court issue an Order GRANTING with prejudice Defendants' Motion for Summary Judgment as to Defendants Peterson, Williams, and Cobb for failure to exhaust administrative remedies pursuant to 42 U.S.C. 1997e(a).”

“On December 1, 2006, Magistrate Judge William McCurine, Jr. issued a Report and Recommendation, recommending that the Court dismiss the Petition with prejudice. This Court ... adopts the recommendation in full and DISMISSES the petition for habeas corpus with prejudice.”

“the Magistrate Judge issued the Report and Recommendation, recommending that Dr. Lehv's Motion to Dismiss be granted, and that Plaintiff's claims against Dr. Lehv be dismissed with prejudice. ... the Report and Recommendation is ADOPTED in its entirety. The Motion to Dismiss is GRANTED. Plaintiff's claims against Defendant Lehv are dismissed without leave to amend.”

“After reviewing the Petition, Respondent's Memorandum of Points and Authorities in Support of Answer to Petition for Habeas Corpus (‘Answer’), and all supporting documents submitted by the parties, IT IS RECOMMENDED that the Petition be DENIED for the reasons set forth below. ... For all the foregoing reasons, IT IS HEREBY RECOMMENDED that the Court issue an Order: (1) approving and adopting this Report and Recommendation, and (2) directing that Judgment be entered denying this Petition.”

“For these reasons, the Court ADOPTS the R&R in full. Defendants' motion to dismiss is DENIED without prejudice. Defendants may, if they so choose, renew these objections in a summary judgment motion filed at an appropriate stage of this action.”

“Therefore, as recommended by Magistrate Judge McCurine, on this question Defendants' motion is GRANTED. However, the Court notes that summary judgment here is limited solely to the allegation that Defendant Dacar used excessive force in violation of the Eighth Amendment and does not affect any asserted claims that Dacar violated the Eighth Amendment by failing to protect Plaintiff. ... For the reasons stated, the Court ADOPTS Magistrate McCurine's Report and Recommendation.”

“Petitioner presents no other adequate grounds for tolling of the one-year limitations period. The Court therefore ADOPTS the R&R and DENIES the Petition WITHOUT PREJUDICE.”

“IT IS ORDERED defendants' motion to dismiss is GRANTED as follows: 1. Plaintiff's claim for violation of his right of access to the courts is dismissed without prejudice; 2. Plaintiff's claim for failure to protect is dismissed without prejudice as to defendants Goff, Homer and Cortez; 3. Plaintiff's due process claim is dismissed with prejudice. ... IT IS FURTHER ORDERED that plaintiff may file an amended complaint in conformity with this Order on or before March 29, 2010.”

“IT IS FURTHER ORDERED plaintiff's motion for temporary restraining order is DENIED.”

“Accordingly, the Court (1) ADOPTS Magistrate Judge McCurine's R&R, and (2) GRANTS Defendants' motion to dismiss. The dismissal is WITHOUT PREJUDICE. Plaintiff may file an amended complaint, if he wishes, within 45 days of the date that this Order is electronically docketed.”

“For all of the foregoing reasons, IT IS HEREBY RECOMMENDED that the Court issue an Order: (1) adopting this Report and Recommendation, and (2) directing that Judgment be entered denying the Petition.”

“IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation [Doc. No. 27] is ADOPTED in its entirety; 2. Plaintiff's Motion for Summary Judgment [Doc. No. 20] is GRANTED in part; and 3. Defendant's Cross-Motion for Summary Judgment [Doc. No. 25] is DENIED. IT IS FURTHER ORDERED THAT this case is REMANDED to the Commissioner of Social Security for further administrative proceedings consistent with this opinion, pursuant to sentence four of 42 U.S.C. 405(g).”

“Accordingly, for the aforementioned reasons, IT IS HEREBY ORDERED that: 1. The Magistrate Judge's Report and Recommendation is ADOPTED; 2. Plaintiff's motion for summary judgment is DENIED; 3. Defendant's motion for summary judgment is GRANTED; 4. The Clerk of the Court shall TERMINATE this case.”