Brown v. Kepiec et al

Brown v. Kepiec et al

Case Number:	9:2006cv01126
Filed:	September 20, 2006
Court:	US District Court for the Northern District of New York
Office:	Prisoner Office
Presiding Judge:	Lawrence E. Kahn
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:	None

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Date Filed	Document Text
March 25, 2009	Filing 49 DECISION and ORDER: ORDERED that Magistrate Judge Treece's 47 Report- Recommendation is ACCEPTED and ADOPTED in its entirety; ORDERED that Defendants' 38 motion for summary judgment is GRANTED with respect to Plaintiff's Fifth, Six th, Eighth and Fourteenth Amendment claims, and these claims are DISMISSED with prejudice; ORDERED that Plaintiff's First Amendment claim is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim upon which relief may be granted; ORDERED that Plaintiff's 1 Complaint is DISMISSED in its entirety, and that judgment be entered for Defendants; ORDERED that Plaintiff's 45 cross-motion to appoint counsel is DENIED as moot. Signed by Judge Glenn T. Suddaby on 3/25/2009. {Decision & Order served on plaintiff via regular mail}. (mgh)
February 23, 2009	Filing 47 REPORT-RECOMMENDATION and ORDER: RECOMMENDED, that the Defendants' 38 Motion for Summary Judgment be GRANTED with respect to Plaintiff's Fifth, Six, Eighth, and Fourteenth Amendment claims and DENIED with respect to Plaintiff's First Amendment access-to-the-courts claim; RECOMMENDED, that Plaintiff's First Amendment access-to-the-courts claim be DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); RECOMMENDED, that the 1 Complaint be DISMISSED in its entirety; RECOMM ENDED, that should the District Court adopt this Report-Recommendation, Plaintiff's 45 Motion to Appoint Counsel be DENIED as moot. Objections to R&R due by 3/9/2009 Case Review Deadline 3/16/2009. Signed by Magistrate Judge Randolph F. Treece on 2/23/2009. {Report Recommendation & Order served on plaintiff via regular mail}(mgh)

Date Filed

Document Text

March 25, 2009

Filing 49 DECISION and ORDER: ORDERED that Magistrate Judge Treece's 47 Report- Recommendation is ACCEPTED and ADOPTED in its entirety; ORDERED that Defendants' 38 motion for summary judgment is GRANTED with respect to Plaintiff's Fifth, Six th, Eighth and Fourteenth Amendment claims, and these claims are DISMISSED with prejudice; ORDERED that Plaintiff's First Amendment claim is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim upon which relief may be granted; ORDERED that Plaintiff's 1 Complaint is DISMISSED in its entirety, and that judgment be entered for Defendants; ORDERED that Plaintiff's 45 cross-motion to appoint counsel is DENIED as moot. Signed by Judge Glenn T. Suddaby on 3/25/2009. {Decision & Order served on plaintiff via regular mail}. (mgh)

February 23, 2009

Filing 47 REPORT-RECOMMENDATION and ORDER: RECOMMENDED, that the Defendants' 38 Motion for Summary Judgment be GRANTED with respect to Plaintiff's Fifth, Six, Eighth, and Fourteenth Amendment claims and DENIED with respect to Plaintiff's First Amendment access-to-the-courts claim; RECOMMENDED, that Plaintiff's First Amendment access-to-the-courts claim be DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); RECOMMENDED, that the 1 Complaint be DISMISSED in its entirety; RECOMM ENDED, that should the District Court adopt this Report-Recommendation, Plaintiff's 45 Motion to Appoint Counsel be DENIED as moot. Objections to R&R due by 3/9/2009 Case Review Deadline 3/16/2009. Signed by Magistrate Judge Randolph F. Treece on 2/23/2009. {Report Recommendation & Order served on plaintiff via regular mail}(mgh)

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