Scott v. Frederick et al
| Harold J. Scott |
| Thomas LaValley, Randy Nichols, Edna Aiken, J. Facteau, Peter Frederick and Albert Prack |
| 9:2013cv00605 |
| May 28, 2013 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Chemung |
| Thomas J. McAvoy |
| Randolph F. Treece |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
31
DECISION and ORDER: ORDERED that 25 Report and Recommendation is adopted. ORDERED that 15 Motion to Dismiss for Failure to State a Claim is granted in part and denied in part as follows: the motion is GRANTED as to Plaintiff's claims against Defendants Aiken, Facteau and Nicholas and each of these Defendants are DISMISSED from the action; the motion is GRANTED without prejudice as to Plaintiff's claim against Defendant Prack; the motion is GRANTED with respect to Plainti ff's claims that Defendant Frederick violated his due process rights by failing to provide subsequent notice of the re-hearing, failing to record the entire hearing, and improperly re-starting the hearing; and the motion is DENIED with respect to Plaintiff's claims that Defendant Frederick denied him the opportunity to present a defense and for being biased. Plaintiff may file an amended complaint within 30 days of the date of this Order. Signed by Senior Judge Thomas J. McAvoy on 1/8/15. {order served via regular mail on plaintiff}(nas, )
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