Benitez v. Parmer et al
| Henry Benitez |
| William Parmer, Carl J. Koenigsmann, David Rock, Gerald Otis, Glenn Schroyer and John Does, 1-3 |
| 9:2012cv00448 |
| March 13, 2012 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| David E. Peebles |
| Glenn T. Suddaby |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
| Document Text |
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Filing
112
DECISION AND ORDER: ORDERED, that Magistrate Judge Peebles' Report-Recommendation (Dkt. No. 110 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion for summary judgment (Dkt. No. 102 ) is GRANTED. ORDERED that P laintiff's Second Amended Complaint (Dkt. No. 30 ) is DISMISSED in its entirety. The Court certifies, for purposes of 28 U.S.C. § 1915(a)(3), that any appeal taken from this Decision and Order would not be taken in good faith. Signed by Judge Glenn T. Suddaby on 3/30/15. (served on plaintiff by regular mail) (alh, )
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Filing
58
DECISION AND ORDER: ORDERED, that Magistrate Judge Peebles' Report-Recommendation (Dkt. No. 51 ) is ACCEPTED and ADOPTED in its entirety. ORDERED, that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 32 ) is GRANTED in part and DENIED in part, in the following respects: (1) all of Plaintiff's claims against Defendants Smith, Lashway, Powers, Schroyer, Otis and Rock are DISMISSED from this action, and those individuals shall be TERMINATED as Defendants in this action; (2) Plaintiff's retaliation and conspiracy claims against Defendants Parmer and Koenigsmann are DISMISSED; (3) Plaintiff's failure-to-protect claim against Defendant Koenigsmann is DISMISSED; and (4) Plaintiff's sole r emaining claim in this action his deliberate-medical indifference claim against Defendants Parmer and Koenigsmann SURVIVES Defendants' motion to dismiss. ORDERED, that this case is referred back to Magistrate Judge Peebles for the setting of pretrial scheduling deadlines. Signed by Judge Glenn T. Suddaby on 9/20/13. (served on plaintiff by regular mail) (alh, )
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