Smythe v. Bish et al
| Francis Smythe |
| John Bish, K. Wise, D. McLoughlin, Captain Chuttey, J. Wolczyk, G. Robinson, E. Smith, H. Graham, D. Amodeo, J. Ammerman, J. Festa, A. Prack, D. Venettozzi and B. Fischer |
| 9:2013cv01288 |
| October 17, 2013 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Chemung |
| Andrew T. Baxter |
| Lawrence E. Kahn |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
108
JUDGMENT entered in accordance with the DECISION and ORDER of the Honorable Lawrence E. Kahn, U. S. District Judge, dated June 30, 2017. (served on plaintiff by regular mail) (alh, )
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Filing
79
DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 9 ) is APPROVED and ADOPTED as MODIFIED. ORDERED, that Defendant Wise's Motion (Dkt. No. 63 ) to dismiss is GRANTED. ORDERED, that Defendants McLoughlin, Wolczyk, Robinso n, Amodeo, Prack, Venettozzi, and Fischer's Motion (Dkt. Nos. 51 ) to dismiss is GRANTED in part and DENIED in part. ORDERED, that Plaintiff's due process claims against Prack, Fischer, Graham, Robinson, Vennettozzi, as well as claims invo lving Wolczyk's failure to disclose confidential information regarding MBR-1, Wolczyk's lack of evidence to support his disciplinary determinations in MBR-1, Wolczyk's failure to call Bish as a witness, and McLoughlin's involvemen t in MBR-2 are DISMISSED for failure to state a claim as a matter of law. ORDERED, that Plaintiff's mail watch, retaliation, and conspiracy claims are DISMISSED for failure to state a claim as a matter of law. ORDERED, that Plaintiff's claim against McLoughlin for inadequate assistance in connection with MBR-1 and Plaintiff's claim against Wolczyk for failing to call McLoughlin as a witness survive Defendants' Motions to dismiss. ORDERED, that Bish, Wise, Robinson, Graham, Amodeo, Prack, Vennettozzi, and Fischer are terminated as Defendants. Signed by Senior Judge Lawrence E. Kahn on 7/1/16. (served on plaintiff by regular mail) (alh, )
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