Thomas v. Waugh et al
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|Date Filed||#||Document Text|
|July 11, 2016
ORDER: ORDERED that Magistrate Judge Dancks' Order and Report-Recommendation (Dkt. No. 64 ) is ADOPTED in its entirety for reasons set forth therein. ORDERED that Plaintiff's retaliation claim against Defendant Leifeld in his Second Amend ed Complaint (Dkt. No. 63) is DISMISSED WITH PREJUDICE for failure to state a claim. ORDERED that Plaintiff's claims in his Second Amended Complaint for violation of his procedural and substantive due process rights, previously dismissed with prejudice by the Court (Dkt. No. 58), are STRICKEN. ORDERED that Defendants Waugh, Leifeld, Larkin, Morris, Antonelli, and Bly are directed to answer Plaintiff's claims under the Free Exercise Clause of the First Amendment and RLUIPA in the S econd Amended Complaint. ORDERED that Plaintiff's letter motion requesting that the Court direct the remaining Defendants to answer the Second Amended Complaint (Dkt. No. 67 ) is DENIED as moot. John N. Antonelli answer due 7/25/2016; Bly ans wer due 7/25/2016; Ronald D. Larkin answer due 7/25/2016; Leifeld answer due 7/25/2016; Cheryl Morris answer due 7/25/2016; F. Waugh answer due 7/25/2016. Signed by U.S. District Judge Mae A. D'Agostino on 7/11/16. (served on plaintiff by regular mail) (alh, )
|September 30, 2015
MEMORANDUM-DECISION AND ORDER granting in part and denying in part 47 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 53 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge Dancks 9; July 24, 2015 Report and Recommendation(Dkt. No. 53) is ADOPTED in its entirety for the reasons set forth therein; and the Court further ORDERS that Defendants' motion to dismiss Plaintiff's complaint (Dkt. No. 47) is GRANTED in part and DENIED in part; and the Court further ORDERS that Plaintiff's procedural and substantive due process claims, claims against Defendants DeCairano and Bellamy, and claims related to the proper functioning of the inmate grievance system are DISMIS SED with prejudice; and the Court further ORDERS that Plaintiff's retaliation claim against Defendant Leifeld is DISMISSED with leave to amend; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 9/30/15. [copy mailed to plaintiff] (ban)
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