Reed v. Doe et al
| Benji Reed |
| John Doe, 1, John Doe, 2, M. Soto, M. Sheahan, H. Hetrick, Lt. Donahue, Haner, Miller, Jayne and Hungerford |
| 9:2011cv00250 |
| March 8, 2011 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Chemung |
| David E. Peebles |
| Thomas J. McAvoy |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
58
DECISION AND ORDER: ORDERED, that Defendants' Objections, dkt. # 57, to the Report-Recommendation of Magistrate Judge Peebles, dkt. # 56 , are hereby OVERRULED. ORDERED, that the Report-Recommendation is hereby ADOPTED. ORDERED, that the Def endants' Motion for Summary Judgment, dkt. # 53 , is GRANTED. Plaintiff's claims against the Defendant Superintendent are hereby DISMISSED WITH PREJUDICE. Plaintiff's claims against Defendant John Doe 1 are hereby DISMISSED WITHOUT PREJUDICE. Signed by Senior Judge Thomas J. McAvoy on 3/3/15. (served on plaintiff by regular mail) (alh, )
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Filing
39
DECISION & ORDER: 33 Report and Recommendation is adopted. ORDERED thatPlaintiff's amended complaint (Dkt. No. 30) is REJECTED and this action is DISMISSED, with prejudice, as it relates to Defendant Soto; Plaintiff's amended compla int is REJECTED and this action is DISMISSED, with prejudice, as it relates to Defendant John Doe #2; Plaintiff's amended complaint is ACCEPTED as it relates to the claims asserted against Defendant John Doe #1. It is ORDERED that the Superin tendent of Eastern Correctional Facility be added as a defendant to this action for the sole purpose of permitting service and discovery. It is ORDERED that the Clerk of the Court issue a summons and forward it, along with a copy of Plaintiff&# 039;s Amended Complaint, to the United States Marshal for service upon the Superintendent of Eastern Correctional Facility. The Clerk shall forward a copy of the summons and complaint by mail to the Office of the New York State Attorney General, t ogether with a copy of the Report and Recommendation, and this Decision and Order. It is ORDERED that upon the superintendent of Eastern Correctional Facility being added as a defendant in this action and Defendant John Doe #1 being identified, a re sponse to the plaintiff's amended complaint be filed by Defendant John Doe #1, or his counsel, as provided for in the Federal Rules of Civil Procedure after service of process on a defendant. Signed by Senior Judge Thomas J. McAvoy on 9/27/13. {order served via regular plaintiff}(nas)
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Filing
28
DECISION and ORDER: The 22 Report and Recommendation is adopted in its entirety. ORDERED that 11 Motion to Dismiss is granted and all claims against Defendant Soto are DISMISSED. Plaintiff is granted leave to file an amended complaint. An ame nded complaint, if one is filed, must be in accordance with the directions contained in the Report-Recommendation and Order, and must be filed within thirty (30) days from the date of the filing of this Decision and Order. To the extent that Plain tiff's objections can be construed as appeals from Magistrate Judge Peebles' determinations to deny Plaintiff's motions to amend the complaint [Dkt. No. 14], and to appoint counsel [Dkt. No. 15], Magistrate Judge Peebles' determinations are AFFIRMED. Signed by Senior Judge Thomas J. McAvoy on 9/26/12. {order served via regular mail on plaintiff}(nas)
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