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Ajaj v. United States
United States District Court, S.D. Illinois
July 11, 2017
AHMAD M. AJAJ, Plaintiff,
UNITED STATES OF AMERICA, et al., Defendants.
MEMORANDUM AND ORDER
PHIL GILBERT, DISTRICT JUDGE
matter comes before the court on the Report and
Recommendation (“R & R”) (Doc. 115) of
Magistrate Judge Reona J. Daly with regard to the following:
Plaintiff's Motion for Appointment of Counsel (Doc. 82);
Defendants' Motion to Dismiss for failure to State a
Claim or in the alternative, Motion for Summary Judgment
Plaintiff's Motion to Stay the Filing of Plaintiff's
Response to Defendants' Motion to Dismiss (Doc. 90);
Plaintiff's Motion for Order Directing defendants'
Attorney to Serve Plaintiff a Clear and Legible Copy of All
Attachments to Defendants' Motion to Dismiss (Doc. 98);
Plaintiff's Motion for an Order Directing the U.S.
Marshals to Serve Defendants with Amended Complaint (Doc.
Plaintiff's Motion to Strike All the Attachments to
Defendants' Motion to Dismiss or in the alternative,
Motion to Convert the Motion to Dismiss to a Motion for
Summary Judgment and allow the plaintiff to Conduct Discovery
prior to responding (Doc. 101);
Plaintiff's Motion to Strike All the Arguments Raised on
Behalf of the Defendants (Doc. 102);
Plaintiff's Motion to Amend/Correct Amended Complaint
Plaintiff's Motion to Notify the Court that
Defendants' Response is Illegible (Doc. 106);
Defendant Patterson's Motion to Dismiss (Doc. 108); and
Defendant Allen's Motion for Joinder (Doc. 109).
before the Court is Plaintiff's Motion (Doc. 135) to take
is an inmate currently incarcerated at ADX- Florence U.S.
Penitentiary in Florence, Colorado. This action arose while
the plaintiff was incarcerated at the U.S. Penitentiary in
Marion, Illinois and generally alleges that the plaintiff was
subject to a pattern and practice of excessive force and
harassment; that plaintiff was subject to conditions of
confinement that exacerbated his medical conditions; and that
he was transferred to a facility without consideration of
medical needs due to defendants' prejudice against
plaintiff's race, religion, ethnicity, national origin
and political beliefs. (Doc. 22).
threshold screening of plaintiff's first amended
complaint (Doc. 18), the plaintiff was allowed to proceed on
the following claims:
Count 1: Defendants Fozzard, Roal, Hollingworth, Baney,
Parent, Neumann, Szoke, Rivas, Cardona, Patterson, and
Howard, and by implication the United States and Bureau of
Prisons, subjected Plaintiff Ajaj to excessive force and
harassment in violation of the Eighth Amendment, the Equal
Protection Clause of the Fourteenth Amendment, Federal Tort
Claims Act, the APA and the Alien Tort Claims Act;
Count 2: Defendants Roal, Hollingworth, Baney, Parent, Davis,
Scofield, Harvey, Irvin, Neumann, Fozzard, Szoke, Rivas,
Cardona, Allen, Patterson, Alexander, Winklmeier, Kendig
Howard and McCleary, and by implication the United States and
the Bureau of Prisons, subjected Plaintiff to conditions of
confinement, including the denial of proper medical care, in
violation of the Eighth Amendment, the Equal Protection
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