Rodriguez v. Federal Bureau of Prisons et al
| Jaime Rodriguez |
| Federal Bureau of Prisons, Jane/John Does, J.L. Norwood and Harrell Watts |
| 9:2010cv01013 |
| August 23, 2010 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Essex |
| Lawrence E. Kahn |
| George H. Lowe |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
101
MEMORANDUM-DECISION and ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 99 ) is APPROVED and ADOPTED except as to the section regarding Defendant's Motion (Dkt. No. 92 ) for summary judgment on Plaintiff's Eighth Amendment clai ms against Defendant John Manenti. ORDERED, that Defendant's Motion (Dkt. No. 92 ) for summary judgment is GRANTED in part and DENIED in part. Plaintiff's claims against all yet-unnamed Defendants are DISMISSED. Plaintiff's cl aims against Defendant John Manenti may proceed. ORDERED, that Plaintiff's Amended Motion (Dkt. No. 89 ) for summary judgment is DENIED. Signed by Senior Judge Lawrence E. Kahn on 4/24/14. {order served via regular mail on plaintiff}(nas)
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Filing
62
DECISION and ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 58 ) is APPROVED and ADOPTED in its ENTIRETY. ORDERED, that Defendants' Motion (Dkt. No. 42 ) to dismiss Plaintiff's Amended Complaint (Dkt. No. 37) is GRANTED in part and DENIED in part consistent with this Decision and Order. ORDERED, that Defendant's Motion (Dkt. No. 42) to dismiss Plaintiff's Amended Complaint (Dkt. No. 37) as against the Federal Bureau of Prisons and Defendants Seon-Spada, Manenti, John/Jane Doe Norwood, and Watts, in their official capacities, for lack of subject matter jurisdiction is GRANTED, and Plaintiff' Amended Complaint (Dkt. No. 37) as against the Federal Bureau of Prisons and Defendants Seon-Spada, Mane nti, John/Jane Doe Norwood, and Watts, in their official capacities, is DISMISSED without leave to replead. ORDERED, that Defendant Seon-Spada's Motion (Dkt. No. 53 ) to dismiss the Plaintiff's Amended Complaint (Dkt. No. 37) against he r in her individual capacity is GRANTED, and Plaintiff's Amended Complaint (Dkt. No. 37) against Defendant Seon-Spada is DISMISSED without leave to replead. ORDERED, that Defendants Norwood's and Watts's Motion (Dkt. No. 42) to di smiss Plaintiff's Amended Complaint (Dkt. No. 37) as against them in their individual capacities for failure to state a claim is GRANTED, and Plaintiff's Amended Complaint (Dkt. 37) as against them is DISMISSED without prejudice with leave to replead. ORDERED, that Defendant Manenti's Motion (Dkt. No. 42) to dismiss Plaintiff's Amended Complaint as against him in his individual capacity for failure to state a claim and on qualified immunity grounds is DENIED. Signed by Senior Judge Lawrence E. Kahn on 1/30/13. {order served via regular mail on plaintiff}(nas)
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