Cook v. Artus et al
| Jermaine Cook |
| Artus, Susan Kickbush, Dunbar, Vosburg, Weaver and Michalex |
| 1:2015cv00272 |
| March 30, 2015 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Chemung |
| Richard J. Arcara |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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| Document Text |
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Filing
49
DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's 36 Report and Recommendation. Defendant Marzec's 23 motion for summary judgment pursuant to Fed. R. Civ. P. 56 is denied. All parties shall file a brief statement on or before December 4, 2019 indicating whether the party favors mediation toward a possible pre-trial settlement by a Court-appointed mediator. A copy of the Decision and Order along with a copy of this docket entry have been mailed to Jermaine Cook, 06-A-1225, COXSACKIE CORRECTIONAL FACILITY, Box 999, West Coxsackie, NY 12051-0999. SO ORDERED. Signed by Hon. Richard J. Arcara on 11/4/2019. (LAS)
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Filing
4
ORDER that plaintiff may proceed with use of force claim against defendants Dunbar, Vosburg, and Weaver; that plaintiff's medical claim against defendant Marzec may go forward and the medical care claim against defendant Michalex is dismissed wi thout prejudice; that plaintiff's due process claims against defendant Vosberg are dismissed with prejudice; that Superintendent Artus, Acting Supt. Susan Kickbush, and Nurse Administrator Michalex are dismissed; that the Clerk of Court is direc ted to add M. Marzec RN to the caption as a defendant; that the Clerk of Court is directed to issue summonses for the remaining defendants, and forward the summonses along with an application for an order directing service by the U.S. Marshal; and that the Clerk of Court is directed to forward a copy of this Order to Michael Russo, AAG.. Signed by Hon. Richard J. Arcara on 8/26/2016. (KLH)
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