Read v. Calabrease et al
| David Read |
| D. Calabrease, M. D. Kinderman and Marcy Correctional Facility |
| 9:2011cv00459 |
| April 22, 2011 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Erie |
| David E. Peebles |
| Gary L. Sharpe |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
90
MEMORANDUM-DECISION AND ORDER: ORDERED that Magistrate Judge David E. Peebles' March 11, 2015 Report and Recommendation (Dkt. No. 88 ) is ADOPTED in its entirety. ORDERED that defendants' motion for summary judgment (Dkt. No. 75 ) is GRANTED. ORDERED that Read's amended complaint (Dkt. No. 39 ) is DISMISSED. ORDERED that the Clerk close this case. Signed by Chief Judge Gary L. Sharpe on 3/26/15. (served on plaintiff by regular mail) (alh, )
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Filing
53
MEMORANDUM-DECISION AND ORDER: ORDERED, that Magistrate Judge David E. Peebles' August 29, 2013 Report-Recommendation and Order (Dkt. No. 51 ) is ADOPTED in its entirety. ORDERED, that defendants' motion to dismiss (Dkt. No. 40 ) is GR ANTED in part and DENIED in part as follows; Read's claims against Marcy Correctional Facility and his claims against defendants Calabrese and Kinderman in their official capacities are DISMISSED; Read's failure to investigate claim is DIS MISSED; To the extent Read alleges an Eighth Amendment cruel and unusual punishment cause of action, that claim is DISMISSED; To the extent Read seeks compensatory damages against defendants, those claims are DISMISSED; Read's Fourteenth Amendme nt due process and First Amendment unlawful retaliation claims survive defendants' motion to dismiss. ORDERED, that the parties notify Magistrate Judge Peebles in order to schedule further proceedings in accordance with this order. Signed by Chief Judge Gary L. Sharpe on 10/4/13. (served on plaintiff by regular mail) (alh, )
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