Burns v. Fischer et al
| Mark Burns |
| Brian Fischer, Teresa Knapp-David, Daniel F. Martuscello, Jr., Captain Shanley, Sgt. Noeh, Schwebler and McGlynn |
| 9:2013cv00486 |
| April 30, 2013 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Wyoming |
| Lawrence E. Kahn |
| Christian F. Hummel |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
51
DECISION and ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 46 ) is APPROVED and ADOPTED in its entirety. ORDERED, that Defendants' Motion (Dkt. No. 39 ) for summary judgement is DENIED as to Defendant's affirmative defen se of failure to exhaust administrative remedies, and GRANTED with respect to Plaintiff's First, Eighth, and Fourteenth Amendment claims against all Defendants. Signed by Senior Judge Lawrence E. Kahn on 2/10/15. {order served via regular mail on plaintiff}(nas)
|
|
Filing
36
DECISION and ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 34 ) is APPROVED and ADOPTED in part, consistent with this Decision and Order; and it is further ORDERED, that Defendants' Motion (Dkt. No. 22 ) to dismiss is GRANTED as t o: (1) all claims against all Defendants in their official capacities; (2) all claims against Defendants Fischer and Knapp-David in their individual capacities; and (3) the First Amendment retaliation and Fourteenth Amendment due process claims a gainst Defendants Schwebler and McGlynn in their individual capacities. Defendants' Motion (Dkt. No. 22 ) is DENIED as to the Eighth Amendment claim against Defendants Schwebler and McGlynn in their individual capacities; and it is further O RDERED, that if Plaintiff wishes to bring his First Amendment retaliation and Fourteenth Amendment due process claims against Defendants Schwebler and McGlynn, he may do so by filing, within thirty (30) days of the filing date of this Decision and Order, an amended complaint that remedies the deficiencies identified in this Decision and Order; and it is further ORDERED, that the Clerk of the Court serve a copy of this Decision and Order on allparties in accordance with the Local Rules. Signed by Senior Judge Lawrence E. Kahn on 4/11/2014. (ptm) (Copy served on plaintiff by reglar mail)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
