Collins v. Caron et al
| Jeffrey Collins |
| Marsh, J. Gaw, John Doe and Caron |
| 9:2010cv01527 |
| December 17, 2010 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Greene |
| Glenn T. Suddaby |
| Randolph F. Treece |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
69
DECISION and ORDER: ORDERED that Plaintiff's Second Amended Complaint (Dkt. No. 8 ) is DISMISSED in its entirety without prejudice for failure to exhaust his available administrative remedies before filing this action, pursuant to the PLRA; and it is further ORDERED that the Clerk of the Court shall enter judgment for Defendants and close the file in this action. Signed by Judge Glenn T. Suddaby on 1/27/2014. (ptm) (Copy served on plaintiff by regular mail)
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Filing
49
DECISION and ORDER: ORDERED that and the Clerk is directed to amend the docket in this action so that the name of "J. Gaw" in the caption reads "J. McGaw"; and it is further ORDERED that the Report-Recommendation (Dkt. No. [47 ]) is ACCEPTED in part and REJECTED in part; and it is further ORDERED that Plaintiff's motion for summary judgment (Dkt. No. 34 ) is DENIED; and it is further ORDERED that Defendants' cross-motion for summary Judgment (Dkt. No. 37 ) is G RANTED with respect to Plaintiff's First Amendment retaliation claim against Defendant Stout, which is DISMISSED from the action (resulting in the termination of R.N. J. Stout as a Defendant in this action); and it is further ORDERED that Defe ndants' cross-motion for summary Judgment (Dkt. No. 37 ) is otherwise DENIED; and it is further ORDERED that Defendants' motion for leave to amend their Answer to assert the affirmative defense of failure to exhaust administrative remedies (Dkt. No. 45 ) is GRANTED; and it is furtherORDERED that Defendants' Amended Answer is due within FOURTEEN (14) DAYS of the date of this Decision and Order; and it is further ORDERED that discovery is reopened for a brief period (the duration and nature of which shall be determined by the magistrate judge in his sound discretion) for the sole purpose of permitting Plaintiff a reasonable opportunity to obtain any additional discovery needed on the issue of exhaustion of administrative remedies, in preparation for an exhaustion hearing on that issue. Signed by Judge Glenn T. Suddaby on 3/28/2013. (ptm) (Copy served on plaintiff by regular mail)
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