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Donald Bowens v. M.E. Pollock

January 18, 2011

DONALD BOWENS, PLAINTIFF,
v.
M.E. POLLOCK, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Honorable Richard J. Arcara United States District Judge

ORDER

This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(A). Defendants filed motions for summary judgment (Dkt. ##31 and 51), and plaintiff filed a motion for summary judgment (Dkt. #45.) On October 12, 2010, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that:

1. Defendants' motion for summary judgment on plaintiff's claim pursuant to Title 42, United States Code, Section 1981 be granted;

2. Defendants' motion for summary judgment on plaintiff's retaliation claim (Housing Unit Transfer) be denied;

3. Defendants' motion for summary judgment on plaintiff's retaliation claim (Misbehavior Report) be denied;

4. Defendants' motion for summary judgment on plaintiff's retaliation claim (Determination of Appropriate Disciplinary Tier) be granted;

5. Defendants' motion for summary judgment on plaintiff's retaliation claim (Removal from Law Library Job) be granted;

6. Defendant's motion for summary judgment on plaintiff's retaliation claim (Timely Resolution of Grievances) be granted;

7. Defendants' motion for summary judgment on plaintiff's access to the courts claim be granted;

8. Defendants' motion for summary judgment on plaintiff's due process claim be denied;

9. Defendants' motion for summary judgment on plaintiff's sufficiency of due process (disciplinary hearing) be granted;

10. Defendants' motion for summary judgment on plaintiff's equal protection claim be granted;

11. Defendants' motion for summary judgment based on lack of personal involvement of defendants Hunt, Kruppner, Krempasky, Bartlett, Keller and Kelsay be granted;

12. Defendants' motion for summary judgment on plaintiff's conspiracy claim pursuant to Title 42, United States ...


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