Carpenter v. Department of Corrections et al
| Anthony Carpenter |
| Department of Corrections and Berkley |
| 1:2010cv08087 |
| October 25, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Dutchess |
| Jed S. Rakoff |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
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OPINION & ORDER re: 15 MOTION to Appoint Counsel filed by Anthony Carpenter, 13 APPLICATION for the Court to Request Counsel filed by Anthony Carpenter, 17 MOTION for Summary Judgment filed by Anthony Carpenter. For the reasons set forth in th is Opinion and Order, the Court will accept Carpenter's amended complaint for docketing but dismisses, sua sponte and pursuant to 28 U.S.C. § 1915(e)(2), all of that complaint except (1) his claim of excessive force against defendant Berkel ey, which defendants have not yet challenged; and (2) his due process claim based on the Jane Doe hearing officer's alleged exclusion of exculpatory evidence at an inmate misbehavior hearing. Carpenter's two applications for the appointment of pro bono counsel are denied without prejudice. The Clerk of Court is directed to terminate the motions at docket numbers 13, 15, and 17. The Court has set a conference in this matter for June 13, 2012 at 11:00 am, to set a schedule with regard to discovery and potential motions, and will enter a separate order for that purpose. ( Status Conference set for 6/13/2012 at 11:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/8/2012) (tro)
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