Filed: Jul. 26, 2017
Latest Update: Jul. 26, 2017
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . 1. On de nova review, the Court declines the Magistrate's recommendation, No. 22. FED. R. Crv. P. 72(b)(3). Keen's objection, No. 25 at 3-5, raises (belatedly) genuine issues of material fact on whether and how long he went without water to drink. The motion for summary judgment, No. 19, is denied. 2. Keen's alternate motion to dismiss, No. 26, is granted. Keen isn't able to prosecute this case on his own, and doesn't wish to continue
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . 1. On de nova review, the Court declines the Magistrate's recommendation, No. 22. FED. R. Crv. P. 72(b)(3). Keen's objection, No. 25 at 3-5, raises (belatedly) genuine issues of material fact on whether and how long he went without water to drink. The motion for summary judgment, No. 19, is denied. 2. Keen's alternate motion to dismiss, No. 26, is granted. Keen isn't able to prosecute this case on his own, and doesn't wish to continue...
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ORDER
D.P. MARSHALL, Jr., District Judge.
1. On de nova review, the Court declines the Magistrate's recommendation, No. 22. FED. R. Crv. P. 72(b)(3). Keen's objection, No. 25 at 3-5, raises (belatedly) genuine issues of material fact on whether and how long he went without water to drink. The motion for summary judgment, No. 19, is denied.
2. Keen's alternate motion to dismiss, No. 26, is granted. Keen isn't able to prosecute this case on his own, and doesn't wish to continue. The complaint will be dismissed without prejudice.
3. Keen's motion to amend his claims, No. 27, and the motion to appoint counsel, No. 28, are denied as moot.
So Ordered.
