Sharpe v. Taylor et al
Case Number: 9:2005cv01003
Filed: August 8, 2005
Court: US District Court for the Northern District of New York
Office: Prisoner Office
Presiding Judge: George H. Lowe
Presiding Judge: Gary L. Sharpe
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Defendant

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Date Filed Document Text
June 18, 2009 Opinion or Order Filing 75 ORDER that 74 Report and Recommendations is ACCEPTED and ADOPTED in its entirety. ORDERED granting in part and denying in part 68 Motion for Summary Judgment. Signed by Judge Glenn T. Suddaby on 6/18/09. {order served via regular mail on all non-ecf parties}(nas)
March 26, 2009 Opinion or Order Filing 74 REPORT AND RECOMMENDATIONS. RECOMMENDED that 68 MOTION for Summary Judgment be GRANTED IN PART AND DENIED IN PART. RECOMMENDED that the Court sua sponte dismiss: (1) any Fourth Amendment claim against Defendant Plowman arising from his removal of Plaintiffs medication from Plaintiff's personal property; (2) any retaliation claim against Defendant Coco arising from his transfer of Plaintiff to another dormitory; and (3) any Eighth Amendment medical care claim against Defendant Sorell ari sing from the April 2005 misbehavior report. RECOMMENDED that the Court find that the complaint asserts the following claims which Defendants have not addressed and which are sufficiently well pleaded to withstand sua sponte review: (1) a retaliatio n claim against Defendant Plowman arising from the November 6, 2004, physical attack; (2) a retaliation claim against Defendant Shareldon arising from the November 9, 2004, physical attack; (3) retaliation claims against Defendants Theriault and Shar eldon arising from the August 31, 2005, physical attack; and (4) a retaliation claim against Defendant Plowman arising from the removal of Plaintiff's medication from his personal property on September 3, 2005. Objections to R&R due by 4/9/2009 Case Review Deadline 4/15/2009. Signed by Magistrate Judge George H. Lowe on 3/25/09. {report-recommendations served via regular mail on all non-ecf parties}(nas)
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