Smith v. Wildermuth et al
| Aurel Smith |
| M. Wildermuth, N. Ensel, C. Hale, J. Slater, P. Morris, Noethe, Bailey, J. Saez, J. Chewens, Daniel F. Martuscello, David A. Rock, Evans, B. White and John/Jane Doe(s) |
| 9:2011cv00241 |
| March 4, 2011 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| George H. Lowe |
| Thomas J. McAvoy |
| 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
130
MEMORANDUM-DECISION AND ORDER: ORDERED that Defendants' motion for partial summary judgment (Dkt. No. 127 ) is GRANTED in part and DENIED in part. ORDERED that Defendants' motion is GRANTED with respect to Plaintiff's First Amend ment free exercise claim against Defendant Wildermuth. ORDERED that Defendants' motion is DENIED with respect to Plaintiff's Eighth Amendment conditions of confinement claim against Defendant Martuscello. ORDERED that the Clerk is directed to amend the docket in this action so that the name of "James Noethe" reads "James Noeth." Signed by Magistrate Judge Therese Wiley Dancks on 4/14/17. (alh, )
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Filing
68
DECISION & ORDER: ORDERED, that the Court ADOPTS the Report-Recommendation and Order (dkt. # 66 ) for the reasons stated therein. ORDERED that Defendants respond to (1) the excessive force claim against Defendants Wildermuth, Ensel, Slater, Hal e, Morris, and Noethe; (2) the conspiracy claim against Defendants Wildermuth, Ensel, Slater, Hale, Morris, and Noethe; (3) the First Amendment claim against Defendant Wildermuth; (4) the Eighth Amendment failure-to- intervene claim against Defendan ts Bailey, Chewens, and Saez; (5) the Eighth Amendment conditions of confinement claim against Defendant Martuscello; and (6) the Eighth Amendment failure-to-protect claim against Defendants Rock and Evans. ORDERED, that the state law claims and the RLUIPA claim are DISMISSED without leave to amend. ORDERED that the equal protection claim against Defendant Martuscello is DISMISSED with leave to amend. Signed by Senior Judge Thomas J. McAvoy on 1/29/15. (alh, )
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Filing
45
DECISION AND ORDER: ORDERED, that the Court accepts and adopts all of Magistrate Judge Dancks's recommendations for the reasons stated in her thorough report (Dkt. No. 43 ). ORDERED, that Defendants' motion to dismiss for failure to stat e a claim (Dkt. No. 32 ) is GRANTED IN PART AND DENIED IN PART as stated herein. ORDERED, that if Plaintiff elects to re-plead the claims for which he has been granted leave, he must do so within thirty (30) days of the date of this Decision and Or der, and he must file a complete pleading that will supercede the former in all respects (i.e. allegations or claims made in a prior pleading cannot be incorporated by reference). Signed by Senior Judge Thomas J. McAvoy on 3/11/13. (served on plaintiff by regular mail) (alh, )
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