Cannon v. Wood et al
| Mark E Cannon |
| E. Wood, Saint Mary, Relf, Winston, D. Price, M. Eddy, Doe Nurse and Bulis |
| 9:2010cv01332 |
| November 4, 2010 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| Glenn T. Suddaby |
| Randolph F. Treece |
| Civil Rights |
| 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
66
DECISION and ORDER: ORDERED that Magistrate Judge Treece's Report-Recommendation (Dkt. No. 65 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion for summary judgment (Dkt. No. 59 ) is GRANTED with res pect to Plaintiff's First Amendment retaliation claim against Defendants Winston and St. Mary, and those claims are DISMISSED. ORDERED that Defendants' motion for summary judgment (Dkt. No. 59 ) is DENIED with respect to Plaintiff� 39;s Eighth Amendment excessive-force claim against Defendants Wood and Reif, and Plaintiff's Eighth Amendment failure-to-protect claim against Defendant Eddy, which shall proceed to trial. 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 unless a motion for appointment of counsel for an appeal is granted. ORDERED that upon assignment of Pro Bono Counsel, a final pretrial confer ence with counsel only will be scheduled in this action, at which time the Court will schedule a jury trial for Plaintiff's Eighth Amendment excessive force claim against Defendants Wood and Reif, and Plaintiff's Eighth Amendment failure to protect claim against Defendant Eddy. Counsel are directed to appear at the final pretrial conference with settlement authority from the parties. Signed by Judge Glenn T. Suddaby on 3/6/13. {order served via regular mail on plaintiff}(nas )
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Filing
35
MEMORANDUM-DECISION and ORDER: ORDERED that 31 Report and Recommendation is accepted and adopted in its entirety. ORDERED that 22 Motion to Dismiss is granted in part and denied in part as set forth in this Order. ORDERED that Pro Bono Cou nsel be appointed for the Plaintiff for purposes of trial only. ORDERED that upon assignment of Pro Bono Counsel, a final pretrial conference with counsel will be scheduled in this action, at which time the Court will schedule a jury trial for P laintiff's First Amendment retaliation claims against Defendants Winston and Saint Mary and Plaintiff's Eighth Amendment claims of excessive force and failure to protect against Defendants Wood, Relf and Eddy. Counsel are directed to appear at the final pretrial conference with settlement authority from the parties. Signed by Judge Glenn T. Suddaby on 1/23/12. {order served via regular mail on all non-ecf parties}(nas)
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