Newman v. Hoyt et al
| John Newman |
| Rick Hoyt and Scott Cook |
| 3:2017cv00808 |
| July 21, 2017 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Broome |
| David E. Peebles |
| Thomas J. McAvoy |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
64
DECISION & ORDER: The Defendants' motion to dismiss the Complaint in case No. 17cv1123, dkt. # 44 in case No. 17cv808, is hereby GRANTED with prejudice. The Clerk of Court is directed to CLOSE both the lead and member cases. Signed by Senior Judge Thomas J. McAvoy on 11/8/2018. (Copy served via regular and certified mail on 11/9/2018)(meb)
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Filing
57
DECISION AND ORDER: Granting the # 26 Motion to Dismiss for Failure to State a Claim. Because the Court finds that Plaintiff could not allege facts whichwould give him a right to relief, and because he has filed an Amended Complaint, the motion will be granted with prejudice. Signed by Senior Judge Thomas J. McAvoy on 8/6/2018. (Copy served on pro se plaintiff via regular mail)(meb)
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Filing
9
DECISION & ORDER: Adopting the # 6 Report and Recommendations. It is ORDERED that plaintiff's damage claims against defendants Hoyt and Cook in their official capacities, and his request for injunctive relief against the New York State Departm ent of Corrections and Community Supervision, are DISMISSED. Plaintiffs complaint is otherwise be accepted for filing, with leave to replead only with regard to the damage claims asserted against defendants Hoyt and Cook in their individual capacities. Plaintiffs Motion to Replead and/or Amend, # 7 , is referred to Magistrate Judge Peebles. Signed by Senior Judge Thomas J. McAvoy on 10/20/2017. (Copy served upon the Pro Se plaintiff via regular mail)(meb)
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