Benitez v. Locastro et al

Benitez v. Locastro et al

Case Number:	9:2004cv00423
Filed:	April 14, 2004
Court:	US District Court for the Northern District of New York
Office:	Prisoner Office
Presiding Judge:	Norman A. Mordue
Presiding Judge:	Randolph F. Treece
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	Both

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Date Filed	Document Text
January 29, 2010	Filing 143 MEMORANDUM-DECISION AND ORDER: ORDERED, that the 139 Report and Recommendation is accepted in its entirety. ORDERED, that the defendants' 118 Motion for Summary Judgment is granted to the extent of dismissing all claims except the Eighth Am endment excessive force claims against Rourke and John Does 1-6 stemming from the events of July 9, 2002. ORDERED, that plaintiff is granted 30 days from the date of this Memorandum-Decision and Order to file a motion to amend his amended complaint in order to identify John Does Nos. 1-6, which shall include a proposed second amended complaint attached thereto. Signed by Chief Judge Norman A. Mordue on 1/29/10. (Memorandum-Decision and Order served on plaintiff by regular mail) (alh, )
September 30, 2009	Filing 139 REPORT AND RECOMMENDATIONS. RECOMMENDED that 118 MOTION for Summary Judgment be GRANTED IN PART AND DENIED IN PART. RECOMMENDED, that should the District Court adopt this Report-Recommendation, the only remaining Defendants will be Rourke and John Does Nos. 1-6; ORDERED, that should the District Court adopt this Report-Recommendation, Plaintiff shall be afforded thirty (30) days from the date of such adoption to file a motion to amend his Amended Complaint in order to identify John Does Nos. 1-6, which shall include a proposed Second Amended Complaint attached thereto. Objections to R&R due by 10/15/2009 Case Review Deadline 10/20/2009. Signed by Magistrate Judge Randolph F. Treece on 9/30/09. {report-recommendations served via regular mail on all non-ecf parties}(nas)

Date Filed

Document Text

January 29, 2010

Filing 143 MEMORANDUM-DECISION AND ORDER: ORDERED, that the 139 Report and Recommendation is accepted in its entirety. ORDERED, that the defendants' 118 Motion for Summary Judgment is granted to the extent of dismissing all claims except the Eighth Am endment excessive force claims against Rourke and John Does 1-6 stemming from the events of July 9, 2002. ORDERED, that plaintiff is granted 30 days from the date of this Memorandum-Decision and Order to file a motion to amend his amended complaint in order to identify John Does Nos. 1-6, which shall include a proposed second amended complaint attached thereto. Signed by Chief Judge Norman A. Mordue on 1/29/10. (Memorandum-Decision and Order served on plaintiff by regular mail) (alh, )

September 30, 2009

Filing 139 REPORT AND RECOMMENDATIONS. RECOMMENDED that 118 MOTION for Summary Judgment be GRANTED IN PART AND DENIED IN PART. RECOMMENDED, that should the District Court adopt this Report-Recommendation, the only remaining Defendants will be Rourke and John Does Nos. 1-6; ORDERED, that should the District Court adopt this Report-Recommendation, Plaintiff shall be afforded thirty (30) days from the date of such adoption to file a motion to amend his Amended Complaint in order to identify John Does Nos. 1-6, which shall include a proposed Second Amended Complaint attached thereto. Objections to R&R due by 10/15/2009 Case Review Deadline 10/20/2009. Signed by Magistrate Judge Randolph F. Treece on 9/30/09. {report-recommendations served via regular mail on all non-ecf parties}(nas)

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