Champion v. USA
Filing 26
REPORT AND RECOMMENDATIONS re 8 MOTION to Dismiss, 12 MOTION for Summary Judgment RECOMMENDING that defendant's motion to dismiss Champion's claim for wrongful injury/assault be GRANTED and Champion's motion for summary judgment be DENIED on that issue. IT IS FURTHER RECOMMENDED that defendant's motion to dismiss Champion's claim of inadequate medical care from the medical staff be GRANTED and that Champion's motion for summary judgment on that claim be DENIED. IT IS FURTHER RECOMMENDED that defendant's motion for summary judgment be GRANTED on the issue of delayed medical care and Champion's motion for summary judgment be DENIED on that issue. IT IS ALSO RECOMMENDED that Champion's retaliation claim be DISMISSED as barred for lack of exhaustion. Objections to R&R due by 9/28/2009. Signed by Magistrate Judge James D Kirk on 09/10/09. (crt,Burge, J)
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