Hamilton v. Graziano et al
| Ralik Hamilton |
| Michael Graziano and Fielder |
| 9:2012cv00744 |
| May 3, 2012 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Greene |
| David E. Peebles |
| Thomas J. McAvoy |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
41
DECISION AND ORDER: ORDERED that the Court ADOPTS the Order and Report-Recommendation, dkt. # 39 , for the reasons stated therein. ORDERED that Defendants' motion to dismiss, dkt. # 38 , is GRANTED, and Plaintiff's amended compla int in this action is DISMISSED in its entirety as against both defendants, with prejudice, based upon his failure to prosecute and to appear for deposition in the action, as required by court order. The Clerk may close the file in this matter. Signed by Senior Judge Thomas J. McAvoy on 12/12/14. {order served via regular mail on plaintiff}(nas, )
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Filing
22
DECISION and ORDER: The 19 REPORT AND RECOMMENDATION is adopted in its entirety. ORDERED that 16 Motion to Dismiss for Failure to State a Claim is GRANTED in part and Plaintiff's deliberate medical indifference claim against Graziano be dismissed. Plaintiff is granted leave to file an amended complaint, which he has now done. It is further ORDERED that Defendants' motion to dismiss is otherwise DENIED. Signed by Senior Judge Thomas J. McAvoy on 4/25/13. {order served via regular mail on plaintiff}(nas)
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