Irvine v. City of Syracuse et al
| Jason Irvine |
| City of Syracuse, Alexander J. Cazzolli, Brian Fougnier, JP Locastro, Kevin E. Walsh and Matthew Liadka |
| 5:2014cv01565 |
| December 24, 2014 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Cayuga |
| 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
83
ORDER - Defendants' motion to dismiss for failure to prosecute and supplemental motion to dismiss for failure to prosecute, dkt. #s 73, 77, are hereby DENIED. The Plaintiff is hereby WARNED THAT FAILURE TO PARTICIPATE IN DISCOVERY AS DIRECTED BY THE COURT COULD LEAD THE COURT TO DISMISS THE CASE. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on 11/21/2017. (Copy served via regular mail)(jel, )
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Filing
33
DECISION & ORDER on Defendants' Motion to Dismiss, Dkt. No. 22 . Defendant's motion is GRANTED in part and DENIED in part. Plaintiff's constitutional medical indifference claims against defendants Liadka and Cazzolli are dismissed wi th leave to replead. Defendants' motion is denied as to the excessive force claims against defendants Liadka and Cazzolli. Plaintiff is granted leave of 30 days to file an amended complaint. Plaintiff is advised that an amended complaint supe rsedes in all respects the prior pleading. If plaintiff files an amended complaint, he must properly allege in the amended complaint all factual bases for all claims asserted therein. The failure to file an amended complaint within this time frame will be deemed as an abandonment of the dismissed claims, and a "with prejudice" dismissal will be entered on the Court's docket without further order by the Court. Signed by Senior U.S. District Judge Thomas J. McAvoy on 6/9/2016. (lah)[copy served on pltf by regular mail]
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Filing
10
DECISION and ORDER. The Court ADOPTS the Report and Recommendation, Dkt. No. 9 . ORDERED that with the exception of plaintiff's excessive force and deliberate medical indifference claims asserted against defendants Liadka and Cazzolli, the rem aining claims in this action (including all of those asserted against defendants Fougnier, Locastro, Walsh, and the City of Syracuse) are DISMISSED with leave to replead. Plaintiff must replead within 30 days from the date of this Decision and Order. Signed by Senior Judge Thomas J. McAvoy on 5/19/2015. [Copies of order sent by regular mail and certified return receipt] (lah, )
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