Waters v. Prack et al
||Albert Prack, A. W. Dirie and Eric G. Gutwein
||November 20, 2013
||US District Court for the Northern District of New York
||Lawrence E. Kahn
||David E. Peebles
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42 U.S.C. § 1983 Prisoner Civil Rights
|Jury Demanded By:
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|March 30, 2017
DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 123 ) is APPROVED and ADOPTED in its entirety. ORDERED, that Waters's Motion for Summary Judgment (Dkt. No. 116 ) is DENIED. ORDERED, that Defendants' Motion for Summary Judgment (Dkt. No. 110 ) is GRANTED in part and DENIED in part as follows: (1) Waters's due process claims asserted against defendants Gutwein and Prack are DISMISSED; (2) Waters's retaliation claim asserted against defendant Gutw ein is DISMISSED; (3) Waters's retaliation claims asserted against defendant Dirie regarding his failure to undertake a review of the disciplinary hearing determination and his alleged transfer of plaintiff to a different correctional facility a re DISMISSED; (4) Waters's retaliation claim asserted against defendant Dirie regarding his removal of plaintiff as a law library clerk at Greene Correctional Facility survives Defendants' motion and shall proceed to trial; (5) Waters's retaliation claims asserted against defendant Prack are DISMISSED. Signed by Senior Judge Lawrence E. Kahn on 3/30/17. (served on plaintiff by regular mail)(alh, )
|March 31, 2015
ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 64 ) is APPROVED and ADOPTED in its entirety. ORDERED, that Plaintiff's Motion (Dkt. No. 24 ) for summary judgment is DENIED. Signed by Senior Judge Lawrence E. Kahn on 3/31/15. (served on plaintiff by regular mail) (alh, )
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