Lewis v. Havernack et al
||Havernack, K. Sheridan, Chapman, A. E. Johnson and Imfeld
||January 9, 2012
||US District Court for the Northern District of New York
||David E. Peebles
||Gary L. Sharpe
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|March 30, 2015
DECISION AND ORDER: ORDERED, the Report-Recommendation of Magistrate Judge David E. Peebles filed February 9, 2015 (Dkt. No. 113 ) is ACCEPTED in its entirety for the reasons state therein. ORDERED that defendant's motion for summary judgmen t (Dkt. No. 96 ) is GRANTED, and that the remaining claim in plaintiff's amended complaint is DISMISSED, and, alternatively, the amended complaint is DISMISSED for Lewis' failure to notify the court of his current address, failure to prose cute, and failure to comply with the court's March 18, 2015 order. ORDERED that the Clerk of the Court serve copies of this Order to the parties at the addresses listed in the caption in accordance with the local rules. ORDERED that the Clerk serve plaintiff at his last known address. Signed by Chief Judge Gary L. Sharpe on 3/30/15. (served on plaintiff by regular and certified mail) (alh, )
|March 19, 2014
MEMORANDUM-DECISION AND ORDER: ORDERED that Magistrate Judge David E. Peebles' October 3, 2013 Report-Recommendation and Order (Dkt. No. 70 ) is ADOPTED in its entirety. ORDERED that Sheridan's motion to dismiss (Dkt. No. 63 ) is GRAN TED, and that only Lewis' Eighth Amendment excessive force claim against Sheridan remain in this action. ORDERED that Lewis' motion to substitute (Dkt. No. 73 ) is construed as a motion for the enlargement of time to file a proper motio n to substitute, which is GRANTED. ORDERED that within thirty (30) days of this Memorandum-Decision and Order, counsel for Sheridan must: (1) provide a reason or reasons for why he cannot or should not provide Lewis with the information regardin g Sheridan's successor or legal representative; or (2) identify to Lewis the successor or legal representative, if any, of Sheridan's estate. ORDERED that all further proceedings with respect to Lewis' motion to substitute (Dkt. No. 73 ) are referred to Magistrate Judge David E. Peebles. Signed by Chief Judge Gary L. Sharpe on 3/19/14.(served on plaintiff by regular mail) (alh, )
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