Israfil v. Woods

Filing 224

OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS re 199 Report and Recommendations in all respects, granting in part and denying in part 167 Motion for Summary Judgment. Defendants Coulter and Woods are granted judgment as a matter of law on all claims stated against them, whether in their individual or official capacities; all claims against the Warden of Warren Correctional Institution are, to the extent not already dismissed, hereby dismissed; all claims against John Doe Defendant s, with the exception of Jennifer Young, are dismissed for failure of service; and all claims against Defendant Sexton and any and all other Defendant in his or her official capacity are dismissed. Plaintiff's First Amendment retaliation and Ei ghth Amendment excess force claims against Defenant Sexton in his individual capacity survive summary judgment. Finally, the Court notes that, as of the time of the filing of the Magistrate Judge's Report and Recommendaiton, Plaintiff had yet t o successfully serve Defendant Jennifer Young. An Order for service was issued within two weeks of the filing of the Magistrate Judge's report, and the summons was returned executed shortly thereafter. Therefore, the claims against Defendant Y oung remain pending; denying 211 Objections to Magistrate Judge Order 198 ; denying 222 Defendants' Motion to Strike 221 Objection to Report and Recommendations. Signed by Judge S Arthur Spiegel on 6/6/2012. (km1) (Additional attachment(s) added on 6/12/2012: # 1 Certified Mail Receipt) (km1).