Rahman v. Fischer et al
| Sha-Heed Rahman |
| Brian Fischer, Kenneth S. Perlman, Hulihan, K. Phillips, Montiero, S. A. Connell, Joslyn, Adamik, Sharrow and Albert Prack |
| 9:2010cv01496 |
| December 10, 2010 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| XX US, Outside State |
| Lawrence E. Kahn |
| George H. Lowe |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
103
ORDER adopting 102 Report and Recommendations and granting 95 Motion for Summary Judgment. Plaintiff's amended complaint is dismissed. Signed by Judge Brenda K. Sannes on 8/10/15 (served on plaintiff via regular mail). (rjb, )
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Filing
73
ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 68 ) is ACCEPTED and ADOPTED in its entirety. ORDERED, that the following claims are DISMISSED with prejudice and without leave to amend: (1) the claim regarding Shiite classes, books an d a locker to the extent that it seeks relief on First Amendment grounds; (2) the claim regarding denial of non-religious programming to the extent that it claims on grounds other than breach of the settlement agreement; (3) the claim regarding Plain tiff's transfer from Mid-State Correctional Facility to Oneida Correctional Facility to the extent that it claims on grounds other than breach of the settlement agreement; (4) the claims regarding the cell search, misbehavior report, and disc iplinary hearing to the extent that they seek relief on Fourth and Fourteenth Amendment grounds; and (5) the claim regarding the use of the sink to the extent that it claims under the Religious Land Use and Institutionalized Persons Act. ORDERED, that to the extent that Amended Complaint attempted to re-allege claims for (1) breach of the settlement agreement; and (2) violation of state regulations governing cell searches, misbehavior reports, and disciplinary hearings, those claims are DIS MISSED without prejudice and without leave to amend. ORDERED, that Plaintiff's First Amendment claim regarding his use of the sink to make ablution may proceed. Defendants Connell and Joslyn shall respond to this claim in accordance with the Lo cal Rules. ORDERED, that Defendants Brian Fischer, Kenneth S. Perlman, Hulihan, K. Phillips, Imam Monteiro, Adamik, Sharrow, and Albert Prack are DISMISSED from this action. Signed by Senior Judge Lawrence E. Kahn on 2/20/14. {order served via regular mail on plaintiff}(nas)
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