Henry v. County Of Nassau et al
| Bryant Henry |
| County Of Nassau and John Doe |
| 2:2013cv07427 |
| December 30, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Arlene R. Lindsay |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
111
ORDER ADOPTING REPORT AND RECOMMENDATIONS - For the reasons set forth herein, Magistrate Judge Lindsay's Report is accepted in its entirety and, for the reasons set forth therein, defendants' motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure is granted to the extent set forth in the Report and defendants are granted judgment dismissing plaintiff's claims in their entirety with prejudice for failure to exhaust administrative remedies. The Clerk of the Court shall enter judgment in favor of defendants, close this case and, pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, serve notice of entry of this order upon all parties as provided by Rule 5(b) of the Federal Rules of Civil Procedure and record such service on the docket. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. SO Ordered by Judge Sandra J. Feuerstein on 9/11/2017. (Tirado, Chelsea) (Main Document 111 replaced on 9/11/2017) (Tirado, Chelsea).
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Filing
70
ORDER: SO ORDERED that plaintiffs objections to Magistrate Judge Lindsays March 30, 2016 Order, (DE 68), are overruled and plaintiffs motions, (DE 54 and 66), are denied in their entirety. In light of this determination, the telephone conference sche duled to be held before me on April 26, 2016 is canceled. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this order upon all parties as provided by Rule 5(b) of the Federal Rul es of Civil Procedure and record such service on the docket. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 4/22/2016. (Florio, Lisa)
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Filing
41
ORDER granting in part and denying in part 33 Motion to Dismiss for Failure to State a Claim. SO ORDERED that defts motion to dismiss plaintiffs Section 1983 claims against them pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is granted to the extent that plaintiffs Section 1983 claims against Cpl. Gulliksen, C.O. Collins, Cpl. Marciano and C.O. Shearin are dismissed in their entirety with prejudice for failure to state a claim for relief, and plaintiffs Section 1983 claim seeking punitive damages against the County is dismissed in its entirety with prejudice for failure to state a claim for relief, and the motion is otherwise denied. Since plaintiffs Section 1983 claims against Cpl. Gulliksen, C.O. Collins, Cpl. Marci ano and C.O. Shearin are dismissed in their entirety with prejudice for failure to state a cause of action, and there is no just reason for delay, the Clerk of the Court shall enter judgment in favor of those defts pursuant to Rule 54(b) of the Feder al Rules of Civil Procedure and dismiss them from this case. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this Order upon all parties as provided in Rule 5(b) of the Federal Rules of Civil Procedure and record such service on the docket. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 5/13/2015. (Florio, Lisa)
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Filing
6
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that the Clerk of the Court shall serve copies of the complaint and this Order upon the Nassau County Attorney, who shall attempt to ascertain the full names and service ad dress(es) of the "John Doe" defts who were involved in the incident described in the Complaint and provide such information to the Court within two (2) weeks from the date that this Order is served upon him. Once the information is provided by the Nassau County Attorney, plaintiff's complaint shall be deemed amended to reflect the full names of the "John Doe" defts, summonses shall be issued and the United States Marshal Service shall serve those defendants. The Clerk of the Court shall: (1) forward copies of the summonses, the complaint, the Notice of Hearing dated January 28, 2014 and this Order to the United States Marshal Service for service upon defts without prepayment of fees; and, (2) pursuant to Rule 77(d)( l) of the Federal Rules of Civil Procedure, serve notice of entry of this order upon plaintiff in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. CM to pro se plaintiff. CM with copy of petition to the Nassau County Attorney. Ordered by Judge Sandra J. Feuerstein on 1/28/2014. (Florio, Lisa)
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