Samms v. Fischer et al
| Michael Samms |
| Brian Fischer, Lucien J. LeClaire, Jr., S. B. Duncan, Norman Bezio, James Ferro, H. Reinhold, Michael Hogan, Drown, Dale Artus, S. E. Racette, Joseph P. Porcelli and John and/or Jane Does |
| 9:2010cv00349 |
| March 25, 2010 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| George H. Lowe |
| Glenn T. Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
92
MEMORANDUM-DECISION AND ORDER: ORDERED, that the magistrate judge's Report-Recommendation (Dkt. No. 84 ) is ACCEPTED in part and REJECTED in part. ORDERED, that Defendants' motion for summary Judgment (Dkt. No. 76 ) is GRANTED in part and DENIED in part as stated herein. ORDERED, that the Clerk of the Court shall terminate Defendants Fischer, Duncan, Racette and Bezio from this action. ORDERED, that the Clerk of the Court shall terminate the four Defendants listed in footnote 2 of the Report-Recommendation (i.e., Defendants Ferro, Reinhold, Hogan, and Porcelli). ORDERED, that Pro Bono Counsel be appointed for the Plaintiff for purposes of trial only; any appeal shall remain the responsibility of the plaintiff alone u nless a motion for appointment of counsel for an appeal is granted. ORDERED, that upon assignment of Pro Bono Counsel, a final pretrial conference with counsel will be scheduled in this action with the undersigned, at which time the Court will sch edule a jury trial for Plaintiff's procedural due process claims as described above against Defendants LeClaire, Estate of Drown and Artus. Counsel are directed to appear at the final pretrial conference with settlement authority from the parties. Signed by Judge Glenn T. Suddaby on 9/20/13. (served on plaintiff by regular mail) (alh, )
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Filing
71
MEMORANDUM-DECISION AND ORDER: ORDERED, that Magistrate Judge Lowe's Report-Recommendation (Dkt. No. 61 ) is ACCEPTED and ADOPTED in its entirety. ORDERED, that Defendants' motion for judgment on the pleadings (Dkt. No. 44 ) is GRANTED in part and DENIED in part as described herein. ORDERED, that Plaintiff is granted leave to file an amended complaint correcting the deficiencies as described herein within 30 days of the filing of this Decision and Order. ORDERED, that if Plaintiff fails, in his Amended Complaint, to so correct the deficiencies in the four claims described herein, those claims shall be DISMISSED with prejudice without further Order of the Court. ORDERED, that upon receipt from Plaintiff of his Amended Complain t, the Clerk shall forward that Amended Complaint to Magistrate Judge Lowe for further review. If plaintiff does not file an Amended Complaint within 30 days from the date of this order, this case is referred to Magistrate Judge Lowe to issue pretrial scheduling deadlines on the remaining claims as described herein. Signed by Judge Glenn T. Suddaby on 8/31/11. (Served on plaintiff by regular mail) (alh, )
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