Flemming v. Fischer et al
| Woodrow Flemming |
| Joseph F. Belliner, David Rock, Gerald Otis, Nancy Smith, Reginald C. Bishop, Paul M. Duvall, Edmund Barr, John J. Finnozzo, Geraldine Wilson, Richard Adam, JOHN DOE and Brain Fischer |
| 9:2013cv00816 |
| July 11, 2013 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| David N. Hurd |
| Randolph F. Treece |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
40
DECISION AND ORDER: ORDERED that 37 Report and Recommendation is accepted in whole. Plaintiff's amended complaint is DISMISSED in its entirety for failure to state a claim and failure to comply with the September 29, 2014, Decision and Order. Signed by Judge David N. Hurd on 4/2/15. {order served via regular mail and certified mail/return receipt on plaintiff}(nas, )
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Filing
34
DECISION and ORDER: ORDERED that 31 Report and Recommendation is accepted and adopted in all respects. ORDERED that 23 Motion to Dismiss for Failure to State a Claim is granted. Defendants Duvall, Smith, Adam, Barr, Finnozzo, and Wilson ar e DISMISSED from this action. Plaintiff is granted leave to amend his claim that defendant Wilson purposefully withheld permission for him to use a walking cane. If he wishes to do so, he must file an amended complaint within thirty (30) days of t he date of this Decision and Order complying with the guidelines set forth in the Report-Recommendation and setting out any wrongful conduct by defendant Wilson. In the event plaintiff does not file an amended complaint within thirty (30) days of the date of this Decision and Order setting forth a claim against defendant Wilson, the complaint will be DISMISSED without further order. Signed by Judge David N. Hurd on 9/29/14. {order served certified mail/return receipt on plaintiff}(nas)
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