James v. Morgan et al
| Rodney Keith James |
| James Morgan, Richard Kaskiw and Candice Wilber |
| 9:2013cv00526 |
| May 7, 2013 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Oneida |
| Christian F. Hummel |
| David N. Hurd |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
39
DECISION AND ORDER: ORDERED that 38 Report and Recommendation is accepted in whole. ORDERED that 31 Motion for Summary Judgment is GRANTED, and the complaint is DISMISSED IN ITS ENTIRETY. Signed by Judge David N. Hurd on 2/22/16. {order served via regular mail on plaintiff}(nas)
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Filing
20
DECISION and ORDER: Pro se plaintiff Rodney Keith James brought this action pursuant to 42 U.S.C. § 1983. On July 9, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendants� 39; motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) be denied. Defendants timely filed objections to the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommenda tion to which defendants objected, the 17 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) is DENIED; 2. Defendants are directed to respond to the complaint in the manner provided for by the Federal Rules of Civil Procedure; and 3. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. Signed by Judge David N. Hurd on 8/5/2014. (ptm) (Copy served on plaintiff by regular mail)
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Filing
6
DECISION and ORDER: ORDERED that 1. The Clerk is directed to add Ms. Elizabeth Farnum, Psychiatrist, Marcy Psy. Center Facility, as a defendant to this action; 2. The Clerk shall issue summonses and forward them, along with copies of the amended complaint, to the United States Marshal for service upon defendants Farnum, Kaskiw, and Wilber with respect to plaintiff's Fourteenth Amendment medical indifference claims against them. The Clerk shall forward a copy of the summons and amended complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order; 3. A response to plaintiff's amended complaint be filed by defendants Farnum, Kaskiw, and Wilber, or their counsel, wit h respect to plaintiff's Fourteenth Amendment medical deliberate indifference claims against them, as provided for in the Federal Rules of Civil Procedure after service of process on the defendants; 4. All of plaintiff's remaining claim s are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted; 5. Defendant Morgan is DISMISSED without prejudice; Signed by Judge David N. Hurd on 3/4/2014. (ptm) (Copy served on plaintiff by regular mail)
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