Groves v. Davis et al
| Kenneth Carl Groves, Sr. |
| Brett Davis, David W. Sill, Thomas Nicolette, Charmaine Bill, Jill E. Carver, Edwin DeBroize, Jeff Nowicki, Michael Hogan, Teri Maxymillian, Sweet and Maureen Bosco |
| 9:2011cv01317 |
| November 7, 2011 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Oneida |
| Glenn T. Suddaby |
| Randolph F. Treece |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
76
DECISION AND ORDER: ORDERED that Magistrate Judge Treece's Report-Recommendation (Dkt. No. 72 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendant Davis' motion for summary judgment (Dkt. No. 52 ) is DENIED. ORDERED that De fendants Sill and Nicolette's motion for summary judgement (Dkt. No. 55 ) is DENIED. ORDERED that Pro Bono Counsel be appointed for the Plaintiff for purposes of trial only; any appeal shall remain the responsibility of the plaintiff alone unless a motion for appointment of counsel for an appeal is granted. Signed by Judge Glenn T. Suddaby on 9/19/14. (served via regular mail on plaintiff)(alh, )
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Filing
5
MEMORANDUM-DECISION and ORDER: ORDERED that Plaintiff's motion to proceed in forma pauperis (Dkt. No. 2 ) is GRANTED; and it is further ORDERED that Plaintiff's motion for injunctive relief (Dkt. No. 3 ) is DENIED; and it is further ORDE RED that Plaintiff's motion for appointment of counsel (Dkt. No. 4 ) is DENIED without prejudice; and it is further ORDERED that Plaintiff's claims of deliberate indifference against Defendants Bill, Carver and DeBroize are sua sponte DI SMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and Fed. R. Civ. P. 12 (b)(6); and it is further ORDERED that Plaintiffs claims against Defendants Bill, Carver, DeBroize, Nowicki, Maxymillian, and Hogan arising from their alle ged personal involvement in the August 8, 2011 incident are sua sponte DISMISSED without prejudice and with leave to amend in this action in accordance with Fed. R. Civ. P. 15 (as described above in Part III.B.3. of this Decision and Order), pursuan t to 28 U.S.C. § 1915(e)(2)(B)(ii) and Fed. R. Civ. P. 12(b)(6); and it is further ORDERED that Defendant Sweet is sua sponte DISMISSED without prejudice and with leave to be reinstated as a Defendant in this action in accordance with Fed. R. Civ. P. 15, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and Fed. R. Civ. P. 12(b)(6); and it is further ORDERED that Plaintiff's Complaint (Dkt. No. 1 ) is otherwise accepted for filing (i.e., as to the claims against Defendants Davis, Sill , and Nicolette arising from the August 8, 2011 incident); and it is further ORDERED that Plaintiff provide a summons, USM-285 form and a copy of the complaint for Defendant Davis, Sill and Nicollette for service, and upon receipt from Plaintiff o f the documents required for service of process, the Clerk shall (1) issue summonses and forward them, along with copies of the Complaint to the United States Marshal for service upon the remaining Defendants, and (2) forward a copy of the summons and Complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. Signed by Judge Glenn T. Suddaby on 2/28/2012. (ptm) (Copy MDO served on plaintiff by regular mail)
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