Abdul-Matiyn v. Pataki et al
9:2006cv01503 |
December 15, 2006 |
US District Court for the Northern District of New York |
Prisoner Office |
David R. Homer |
David N. Hurd |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
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Filing 155 JUDGMENT DISMISSING CASE IN ANTICIPATION OF SETTLEMENT: this action is DISMISSED in its entirety without prejudice to the right of the parties to secure reinstatement of the case within ninety (90) days after the date of this judgment by making a showing that the settlement was not, in fact, consummated; and in the event that no request is made for reinstatement within ninety (90) days of the date of this judgment. (lmw) |
Filing 122 DECISION AND ORDER: ORDERED that Magistrate Judge Homer's Report-Recommendation (Dkt. No. 121) is ACCEPTED and ADOPTED in part. ORDERED that the Defendants' motions for summary judgment (Dkt. Nos. 102, 107) are GRANTED in part and DENIED i n part. ORDERED that all the claims asserted in Plaintiff's Complaint (Dkt. No. 1) are DISMISSED from this action except for Plaintiff's First Amendment claim that Defendants Hanmer, Murphy, and Nowicki denied him the right to pray. ORDER ED that the clerk shall terminate Defendants Allen, Rowe, Valezquez, Benbow, Johnson, Walsh, Farnum, Debroize, Forshee, Barboza, Capolo and Becker from this action. ORDERED that the clerk of the Court shall appoint pro bono counsel for plaintiff for purposes of trial, and as soon as pro bono counsel has been appointed, the Court will schedule a pretrial conference to set a trial date in this action. Signed by Judge Glenn T. Suddaby on 9/28/10. {order served via regular mail on all non-ecf parties}(nas) |
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