Self v. LaValley et al
| Donald Self |
| Thomas LaValley, Karen Lapolt, Stephen Rowe, Rory Birrell, Andrew Frazier, Ron Atkinson and S. Hahn |
| 9:2010cv01463 |
| December 6, 2010 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Washington |
| George H. Lowe |
| Glenn T. Suddaby |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
84
DECISION and ORDER: ORDERED that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 82 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendant's motion for summary judgment (Dkt. No. 64 ) is DENIED as moot. ORDERED that Plaintiff's Amended Complaint (Dkt. No. 44 ) is DISMISSED. ORDERED that the Clerk is directed to enter a Judgment for Defendants and CLOSE this case. Signed by Judge Glenn T. Suddaby on 1/23/15. {order served via regular mail on plaintiff}(nas, )
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Filing
38
DECISION and ORDER: ORDERED that 34 Report and Recommendation is accepted and adopted in its entirety. ORDERED that 20 Motion to Dismiss for Failure to State a Claim is DENIED with respect to Plaintiff's First Amendment retaliation clai m against Defendant Hahn and is GRANTED with respect to the following claims, which are DISMISSED without prior leave to amend: (a) the claims asserted against Defendants in their official capacities; (b) the claims that Defendants violated Plaintiff 's rights by denying him a job or program and negatively impacting his chance at parole; (c) the claim that Defendant Birrell violated Plaintiff's rights by verbally harassing him; the Fourth Amendment claims regarding cell searches; (e) t he claim that Plaintiff was denied the right to file grievances; (f) the access-to-courts claim; (g) the Fifth Amendment claim; (h) the claim regarding New York State "Son of Sam Law". ORDERED that Defendant's motion is GRANTED wit h respect to the following claims, which shall be DISMISSED without further Order of this Court, UNLESS Plaintiff files an AMENDED COMPLAINT correcting the pleading defects identified in these claims, within thirty (30) days of the date of this Decis ion and Order: (a) the procedural due process claim against Defendants Hahn and Atkinson; (b) the retaliation claim against Defendant Atkinson; (c) the claims asserted against Defendants LaValley, LaPort, and Rowe; and (d) the procedural due process claim regarding the keeplock confinement. Signed by Judge Glenn T. Suddaby on 3/27/13. {order served via regular mail on plaintiff}(nas)
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