Smith v. United States of America et al
| Benjamin Smith |
| United States of America, Dan Peterson, Susan Keiffer, Federal Correctional Industries, Mr. Felner, D. Kirkby, Mr. Lucas and John Doe |
| 9:2009cv00729 |
| June 25, 2009 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| XX US, Outside State |
| David R. Homer |
| Thomas J. McAvoy |
| Plaintiff |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| Plaintiff |
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Filing
93
DECISION AND ORDER: The 89 Report and Recommendation is accepted for the reasons therein with the exception of the recommendation that the Court not dismiss Plaintiff's FTCA claim. ORDERED, that Defendants' motion for summary judgment be (1) DENIED as to Plaintiff's claim against Fehlner for violation of his Fourteenth Amendment Rights regarding a biased hearing officer; and (2) GRANTED, as to Plaintiff's (a) FTCA claim; and (b) Eighth Amendment Claim for cruel and unusu al punishment, and as to all other remaining claims against Defendant Fehlner. ORDERED, that Plaintiff's cross-motion for summary judgement is DENIED in all respects. Signed by Senior Judge Thomas J. McAvoy on 9/28/12. (served on plaintiff by regular mail) (alh, )
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Filing
41
DECISION AND ORDER adopting the 40 Report and Recommendations and granting in part and denying in part Defendants' 23 Motion to Dismiss. All defendants are terminated except Defendant Felner. Signed by Senior Judge Thomas J. McAvoy on 3/1/2011. (amt) [Pltf served via reg. mail]
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