Sisney v. Kaemingk et al, No. 4:2015cv04069 - Document 116 (D.S.D. 2016)
Court Description: ORDER granting in part and denying in part 67 Motion for Summary Judgment; granting in part and denying in part 92 Motion for Summary Judgment; adopting 105 Report and Recommendation; granting in part and denying in part 106 Objection to Report and Recommendation; granting in part and denying in part 109 Objection to Report and Recommendation. Signed by U.S. District Judge Lawrence L. Piersol on 9/29/16. (DJP)
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Sisney v. Kaemingk et al Doc. 116 1^1 UNITED STATES DISTRICT COURT SEP 2 9 DISTRICT OF SOUTH DAKOTA CLERK SOUTHERN DIVISION CHARLES E. SISNEY, ' - * - Plaintiff, CIV 15-4069 s * * * * vs. * ORDER DENNY KAEMINGK,in his official capacity as the South Dakota Secretary of Corrections; DARIN YOUNG,in his official capacity H= as the Warden ofthe South Dakota * State Penitentiary; SHARON REIMANN,in her official capacity as an SDSP designated * * Mailroom Officer; and CRAIG MOUSED,in his official * * capacity as an SDSP designated Property Officer, * * * * Defendants. * * This matter is before the Court on the Report and Recommendation("R&R")of Magistrate Judge Veronica Duffy dated May 25, 2016, Doc. 105. In the R&R, Magistrate Judge Duffy recommended that the Court grant in part and deny in part Plaintiffs Motion for Summary Judgment,Doc. 91,and grant in part and deny in part Defendants' Motion for Summaiy Judgment, Doc. 67. All parties filed timely objections to the R&R. According to statute, the Court must conduct a de novo review of any portion of the Magistrate Judge's opinion to which specific objections are made. 28 U.S.C. ยง 636(b)(1)(C); Fed. R. Civ.P. 72(b). Given the breadth of the objections, the Court conducted a de novo review of the entire R&R. The Court adopts the R&R with certain exceptions that are stated below. Any objection thatis not specifically granted is denied. Dockets.Justia.com
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