Gillard v. Rovelli et al
| Gary Gillard |
| Jose Nunez, Charles F. Kelly, Michael Rovelli, Thomas Lafountain, Curtis Poirier, Tom Lynch, Gary Lipha, Andrew Rose, Darin Williams, Keith Hendry, Nicholas Deluca, Peter Besson, Paul Zarnetski, Gary Ramey and David Rock |
| 9:2012cv00083 |
| January 18, 2012 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Chemung |
| Lawrence E. Kahn |
| David R. Homer |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
128
DECISION and ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 115 ) is APPROVED and ADOPTED in its entirety. ORDERED, that Defendants' Motion (Dkt. No. 104 ) for judgment on the pleadings is GRANTED with respect to all claims aga inst all Defendants except for Plaintiff's Fourteenth Amendment Due Process claims against Defendants LaFountain and Zarnetski, consistent with the Report-Recommendation (Dkt. No. 115). Signed by Senior Judge Lawrence E. Kahn on 8/14/14. {order served via regular mail on plaintiff}(nas)
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Filing
122
ORDER REFERRING CASE TO PRISONER MEDIATION PROGRAM : Plaintiff, GARY GILLARD, DIN 01-A-1613 a New York prisoner confined at Green Haven Correctional Facility filed these pro se civil rights complaints pursuant to 42 USC § 1983. Good cause appear ing, the instant cases shall be referred to the NYND Prisoner Mediation Program. A mediation hearing shall take place at the United States District Court, Albany NY with all interested parties and/or their representatives at 9:00am on July 17, 2014, before United States Magistrate Judge Christian F. Hummel. Signed by Chief Judge Gary L. Sharpe on 6/24/2014. (ptm) (Copy served on plaintiff by regular mail)
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Filing
92
DECISION and ORDER: ORDERED that 84 Report and Recommendation is APPROVED and ADOPTED in its ENTIRETY. ORDERED, that Defendants' Motion (Dkt. No. 41 ) to dismiss is GRANTED as to Plaintiff's: (1) § 1983 claims against all ind ividual Defendants in their official capacities; and (2) conspiracy claims against all Defendants. ORDERED, that Defendants' Motion (Dkt. No. 41) to dismiss is DENIED as to: (1) Plaintiff's Fourteenth Amendment due process claims; and (2) Defendants' qualified immunity defense. ORDERED, that Plaintiff's First Amendment claims based on access to courts and interference with mail are DISMISSED without prejudice. ORDERED, that as to those claims, Plaintiff may file an ame nded complaint within twenty days from the filing date of this Order if he wishes to pursue those claims. ORDERED, that, if within twenty days, such an amended complaint is not filed, those claims shall be dismissed pursuant to this Order without further action of the Court. ORDERED, that Defendants' request for a protective order is GRANTED and discovery in this matter is stayed until the issuance of a scheduling order pursuant to Federal Rule of Civil Procedure 16. Signed by Senior Judge Lawrence E. Kahn on 9/30/13. {order served via regular mail on plaintiff}(nas)
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