Hill v. Chanlandr et al

Hill v. Chanlandr et al

Case Number:	9:2006cv00438
Filed:	April 6, 2006
Court:	US District Court for the Northern District of New York
Office:	Prisoner Office
Presiding Judge:	George H. Lowe
Presiding Judge:	Frederick J. Scullin
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 25, 2010	Filing 82 DECISION and ORDER: ORDERED that Magistrate Judge Lowe's Report-Recommendation (Dkt. No. 78 ) is ACCEPTED and ADOPTED in its entirety; ORDERED that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 67 ) is GRANTED in it s entirety; ORDERED that, in addition to the claims addressed in Defendants' motion to dismiss, the following three claims are sua sponte DISMISSED, pursuant to 28 U.S.C. § 1915(e)(2): Plaintiff's Fourteenth Amendment due process claim against Defendant Goord; Plaintiff's Eighth Amendment deliberate-indifference-to-medical-needs claim against Defendant Goord; Plaintiff's Fourteenth Amendment due process claim against Defendant Cole; ORDERED that, as a result of the foreg oing, Plaintiff's Second Amended Complaint (Dkt. No. 61 ) is DISMISSED in its entirety; ORDERED that Plaintiff's cross-motion to amend his Second Amended Complaint (Dkt. Nos. 76 , 77 ) is DENIED as moot and/or without merit; ORDERED that the Clerk's Office shall issue a Judgment for Defendants, and close the file in this action. Signed by Judge Glenn T. Suddaby on 3/25/10. (order served on plaintiff by regular mail)(mnc)
June 8, 2009	Filing 78 REPORT-RECOMMENDATION: RECOMMENDED that Defendants' 67 motion to dismiss for failure to state a claim be GRANTED; RECOMMENDED that the Court dismiss Plaintiff's due process and Eighth Amendment claims against Defendant Goord and his due p rocess claim against Defendant Cole sua sponte pursuant to 28 U.S.C. § 1915(e)(2); RECOMMENDED that Plaintiff's 76 , 77 motion to file a third amended complaint be DENIED; ORDERED that the clerk serve copies of Walker v. Pataro, No. 99 CI V. 4607, 2002 WL 664040 (S.D.N.Y. Apr. 23, 2002), Lewal v. Wiley, 29 Fed. App'x 26 (2d Cir. 2002) and Fox v. Brown, No. 9:05-CV- 1292 (LEK/GED), 2007 WL 586724 (N.D.N.Y. Feb. 21, 2007) on Plaintiff.Objections to R&R due by 6/22/2009 Case Review Deadline 6/29/2009. Signed by Magistrate Judge George H. Lowe on 6/8/2009. {Report-Recommendation and westlaw unpublished cases served on plaintiff via regular mail}(mgh)

Date Filed

Document Text

March 25, 2010

Filing 82 DECISION and ORDER: ORDERED that Magistrate Judge Lowe's Report-Recommendation (Dkt. No. 78 ) is ACCEPTED and ADOPTED in its entirety; ORDERED that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 67 ) is GRANTED in it s entirety; ORDERED that, in addition to the claims addressed in Defendants' motion to dismiss, the following three claims are sua sponte DISMISSED, pursuant to 28 U.S.C. § 1915(e)(2): Plaintiff's Fourteenth Amendment due process claim against Defendant Goord; Plaintiff's Eighth Amendment deliberate-indifference-to-medical-needs claim against Defendant Goord; Plaintiff's Fourteenth Amendment due process claim against Defendant Cole; ORDERED that, as a result of the foreg oing, Plaintiff's Second Amended Complaint (Dkt. No. 61 ) is DISMISSED in its entirety; ORDERED that Plaintiff's cross-motion to amend his Second Amended Complaint (Dkt. Nos. 76 , 77 ) is DENIED as moot and/or without merit; ORDERED that the Clerk's Office shall issue a Judgment for Defendants, and close the file in this action. Signed by Judge Glenn T. Suddaby on 3/25/10. (order served on plaintiff by regular mail)(mnc)

June 8, 2009

Filing 78 REPORT-RECOMMENDATION: RECOMMENDED that Defendants' 67 motion to dismiss for failure to state a claim be GRANTED; RECOMMENDED that the Court dismiss Plaintiff's due process and Eighth Amendment claims against Defendant Goord and his due p rocess claim against Defendant Cole sua sponte pursuant to 28 U.S.C. § 1915(e)(2); RECOMMENDED that Plaintiff's 76 , 77 motion to file a third amended complaint be DENIED; ORDERED that the clerk serve copies of Walker v. Pataro, No. 99 CI V. 4607, 2002 WL 664040 (S.D.N.Y. Apr. 23, 2002), Lewal v. Wiley, 29 Fed. App'x 26 (2d Cir. 2002) and Fox v. Brown, No. 9:05-CV- 1292 (LEK/GED), 2007 WL 586724 (N.D.N.Y. Feb. 21, 2007) on Plaintiff.Objections to R&R due by 6/22/2009 Case Review Deadline 6/29/2009. Signed by Magistrate Judge George H. Lowe on 6/8/2009. {Report-Recommendation and westlaw unpublished cases served on plaintiff via regular mail}(mgh)

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