Levesque v. Clinton County Correctional Facility
| Andre R Levesque |
| Clinton County Correctional Facility |
| 9:2010cv00787 |
| July 1, 2010 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| XX US, Outside State |
| David E. Peebles |
| David N. Hurd |
| Americans with Disabilities - Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
189
DECISION and ORDER: ORDERED that 1. Plaintiff's notice of appeal (Dkt. No. 179 ), construed as a timely request under Fed. R. App. R. 4(a)(5) for an extension of time to file a notice of appeal from the September Order (Dkt. No. 171 ) is GRANTED; and 2. The Clerk serve a copy of this Decision and Order on the parties. Signed by Judge David N. Hurd on 5/19/2014. (ptm) (Copy served on plaintiff by regular mail at last known address and Northwest State Correctional Facility in Swanton, VT)
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Filing
153
DECISION and ORDER: Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983 and the Americans with Disabilities Act. On May 24, 2013, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report-Recommen dation that plaintiff's complaint be dismissed in its entirety. Plaintiff timely filed objections to the Report- Recommendation, along with five additional submissions between the time the Report- Recommendation was issued and the deadline for objections. Defendants timely filed a response to plaintiff'sobjections. Based upon a de novo review, the 138 Report-Recommendation is accepted. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that Plaintiff's complaint is dismissed. The Clerk is directed to enter judgment accordingly. Signed by Judge David N. Hurd on 6/26/2013. (ptm) (Copy served on plaintiff by regular mail)
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Filing
89
DECISION and ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). ORDERED that 1. Defendant Clinton County's motion fo r judgment on the pleadings (Dkt. No. 48 )is GRANTED in part and DENIED in part, as follows: (A) Plaintiff's Title II ADA claim survives; (B) Plaintiff's Title I ADA claim is DISMISSED with prejudice; (C) Plaintiff's municipal liabil ity claim, pursuant to 42 U.S.C. § 1983 is DISMISSED without prejudice to plaintiff's right to file an amended complaint that corrects the pleading defects in that claim, as described in the Report- Recommendation, within thirty (30) day s of the date of this Decision and Order; and (D) Plaintiff's punitive damage claim against defendant Clinton County is DISMISSED with prejudice; 2. Plaintiff's motions for injunctive relief (Dkt. Nos. 46 , 56 , 60 , 67 , 68 and 87 ) are DENIED; 3. Plaintiff's motion for contempt and sanctions (Dkt. No. 80 ) is DENIED; 4. Plaintiff's motion for an order vacating his criminal conviction (Dkt. No. 87 ) isDENIED. (Notice of Compliance Deadline 2/27/2013, Case Review Deadline 3/29/2013). Signed by Judge David N. Hurd on 1/28/2013. (ptm) (Copy served on plaintiff by regular mail)
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| Plaintiff: Andre R Levesque | |
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| Defendant: Clinton County Correctional Facility | |
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