Roache v. Hogan et al
| Walter J. Roache |
| Michael Hogan, Maureen Bosco, Jeff Nowicki and Shelby Ferguerson |
| 9:2013cv00253 |
| March 7, 2013 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Oneida |
| Lawrence E. Kahn |
| David E. Peebles |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
52
MEMORANDUM-DECISION AND ORDER: ORDERED that Magistrate Judge Peebles' Report and Recommendation (Dkt. No. 49 ) is ADOPTED in its entirety for the reasons stated therein. ORDERED that defendant's summary judgment motion (Dkt. No. [40 ]) is GRANTED IN PART AND DENIED IN PART. ORDERED that plaintiff's claims against defendants Nowicki, Sawyer and Hogan in the amended complaint (Dkt. No. 5 ) are DISMISSED with prejudice. ORDERED that defendants Nowicki, Sawyer and Hogan a re DISMISSED from this action. ORDERED that to the extent plaintiff asserts a Sixth Amendment claim based on his allegation regarding defendant Fergusons presence for plaintiff's review of his property on September 6, 2011, it is DISMISSED w ith prejudice. ORDERED that plaintiff's denial of access to the courts and retaliation claims asserted against defendant Ferguson survive defendants' motion and will be set down for trial. ORDERED that Clerk of the Court is directed to provide plaintiff with copies of the unpublished opinions cited in this Decision and Order. Signed by Judge Brenda K. Sannes on 9/11/15. {order and unpublished decisions served via regular mail on plaintiff}(nas)
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