Charles v. New York State Department of Correctional Services et al
| Harold Charles |
| New York State Department of Correctional Services, Anthony Annucci, Lester Wright, Robert Raymond, Pedro Diaz, Leo E. Payant, Richard H. Harding, Ann Rabideau, Judi Antonsen, Yogemdra D. Sharma and FNU Berdick |
| 9:2007cv01274 |
| December 7, 2007 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Oneida |
| Gustave J. DiBianco |
| David N. Hurd |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
21
ORDER that 20 Report and Recommendations is accepted in whole. ORDERED granting in part and denying in part 11 Motion to Dismiss. Defendants are to file and serve an answer to the complaint on or before 4/14/2009. Signed by Judge David N. Hurd on 3/31/09. {order served via regular mail on all non-ecf parties}(nas)
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Filing
20
REPORT AND RECOMMENDATIONS. RECOMMENDED that 11 MOTION to Dismiss be GRANTED only to the extent that the complaint can be read to allege an ADA or RA claim in defendants' "individual capacities" and RECOMMENDED that 11 Motion to Dismiss be DENIED IN ALL OTHER RESPECTS. Objections to R&R due by 3/24/2009 Case Review Deadline 3/30/2009. Signed by Magistrate Judge Gustave J. DiBianco on 3/9/09. {report-recommendations served via regular mail on all non-ecf parties}(nas)
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