Dallio v. Santamore et al

Dallio v. Santamore et al

Case Number:	9:2006cv01154
Filed:	September 27, 2006
Court:	US District Court for the Northern District of New York
Office:	Prisoner Office
Presiding Judge:	David R. Homer
Presiding Judge:	Lawrence E. Kahn
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
January 7, 2010	Filing 89 ORDER that Magistrate Judge Homer's Report-Recommendation (Dkt. No. 87) isACCEPTED and ADOPTED in its entirety; ORDERED that Defendants' motion for summary judgment (Dkt. No. 78) is GRANTED in part and DENIED in part as follows:all of Plain tiff's claims against Defendants Bouchey, Quinn, Girdich, Gettman,OConnell, Perrea, and Riley (including all of Plaintiff's medical-indifference claims under the Eighth Amendment, and Plaintiff's conspiracy claims) are DISMISSED with p rejudice pursuant to Fed. R. Civ. P. 56; Plaintiff's claims against Defendant Smith are DISMISSED without prejudice for failure to serve, pursuant to Fed. R. Civ. P. 4(m) and N.D.N.Y.L.R. 4.1(b); remaining in this action, following the issuance of this Decision and Order, are Plaintiff's excessive-force claims and failure-to-intervene claims against Defendants Santamore, Comstock, McGuoirk, LaClaire, Buksa, Ramsdell, Hopkinson and Gilmore. (Plaintiff's claims against these Defendants are not dismissed due to the existence of genuine issues of material fact regarding those claims.). Signed by Judge Glenn T. Suddaby on 1/7/10. {order served via regular mail on all non-ecf parties}(nas)
October 26, 2009	Filing 87 REPORT AND RECOMMENDATIONS. RECOMMENDED that 78 First MOTION for Summary Judgment be granted in part and denied in part. That the complaint be dismissed without prejudice as to defendant Smith pursuant to Fed. R. Civ. P. 4(m) and N.D.N.Y.L.R. 4.1(b). Objections to R&R due by 11/9/2009 Case Review Deadline 11/16/2009. Signed by Magistrate Judge David R. Homer on 10/26/09. {report-recommendations served via regular mail on all non-ecf parties}(nas)

Date Filed

Document Text

January 7, 2010

Filing 89 ORDER that Magistrate Judge Homer's Report-Recommendation (Dkt. No. 87) isACCEPTED and ADOPTED in its entirety; ORDERED that Defendants' motion for summary judgment (Dkt. No. 78) is GRANTED in part and DENIED in part as follows:all of Plain tiff's claims against Defendants Bouchey, Quinn, Girdich, Gettman,OConnell, Perrea, and Riley (including all of Plaintiff's medical-indifference claims under the Eighth Amendment, and Plaintiff's conspiracy claims) are DISMISSED with p rejudice pursuant to Fed. R. Civ. P. 56; Plaintiff's claims against Defendant Smith are DISMISSED without prejudice for failure to serve, pursuant to Fed. R. Civ. P. 4(m) and N.D.N.Y.L.R. 4.1(b); remaining in this action, following the issuance of this Decision and Order, are Plaintiff's excessive-force claims and failure-to-intervene claims against Defendants Santamore, Comstock, McGuoirk, LaClaire, Buksa, Ramsdell, Hopkinson and Gilmore. (Plaintiff's claims against these Defendants are not dismissed due to the existence of genuine issues of material fact regarding those claims.). Signed by Judge Glenn T. Suddaby on 1/7/10. {order served via regular mail on all non-ecf parties}(nas)

October 26, 2009

Filing 87 REPORT AND RECOMMENDATIONS. RECOMMENDED that 78 First MOTION for Summary Judgment be granted in part and denied in part. That the complaint be dismissed without prejudice as to defendant Smith pursuant to Fed. R. Civ. P. 4(m) and N.D.N.Y.L.R. 4.1(b). Objections to R&R due by 11/9/2009 Case Review Deadline 11/16/2009. Signed by Magistrate Judge David R. Homer on 10/26/09. {report-recommendations served via regular mail on all non-ecf parties}(nas)

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