Stipe v. Smith et al
Filing 92
RULING Adopting 86 Motion to Dismiss, filed by Unknown Durbin, Denise Harris, Unknown Grimes, Cindy Park, John Prejean, Seth Smith, Patrick Cockran, Greg McKey, Charlene Haydel, 89 Report and Recommendations of the U.S. Magistrate Judge. Accordin gly, dft's 86 Motion to Dismiss with Prejudice as Rule 11 Sanction, is granted in part, such that the Court deems as proven in this case that on the date of the accident complained of, 6/11/2010, the pltf was assigned to a lower bunk on Tier C at the EHCC Beaver 5 housing unit and was on that date housed in a cell which was not occupied by a co-inmate. This action is referred back to Magistrate Judge Christine Noland for further proceedings.. Signed by Judge Brian A. Jackson on 7/20/2011. (CMM)
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