Booker v. Rock et al
| Matthew Booker |
| D. Rock and Marenelli |
| 9:2011cv00247 |
| March 7, 2011 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| David N. Hurd |
| George H. Lowe |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
25
DECISION AND ORDER: Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). ORDERED that 1. Defendants' motion to dismiss for failure to state a claim, Dkt. No. 17 , is GRANTED in part and DENIED in part; 2. Plaintiff's cla ims against defendant Rock are DISMISSED, with leave to amend; 3. Plaintiff's claims against DOCCS are DISMISSED, with prejudice; and 4. Defendant Marenelli is directed to answer the Eighth Amendment claim. Signed by Judge David N. Hurd on 2/13/2012. (ptm)(Copy served on plaintiff by regular mail)
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