Geer v. Lewis et al
Pakenauth Geer |
Lt. Lewis, Sergeant Brown, B. McMillon, Sergeant Murphy and Whorf |
9:2014cv00650 |
June 2, 2014 |
US District Court for the Northern District of New York |
Prisoner Office |
Washington |
Christian F. Hummel |
David N. Hurd |
Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 9 DECISION AND ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the 8 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that Plaintiff's First Amendment cla ims against defendants Brown, Whorf, and McMillian are DISMISSED. ORDERED, that all claims against defendants Brown, Whorf, and McMillian are dismissed, the amended complaint is DISMISSED in its entirety. ORDERED, that the Clerk is directed to enter judgment accordingly, serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules, and close the file. Signed by Judge David N. Hurd on 2/26/15. (served on plaintiff by regular mail) (alh, ) |
Filing 7 DECISION AND ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED, that Plaintiff's claims that he was deni ed due process by defendant Lt. Lewis and subjected to excessive force by defendant Sergeant Murphy are DISMISSED WITH PREJUDICE for failure to state a claim. ORDERED, that Plaintiff's claims that he was given a false misbehavior report by defe ndant McMillian and issued an inappropriate penalty by defendant Brown are DISMISSED WITHOUT PREJUDICE for failure to state a claim. ORDERED, that Plaintiff's amended complaint, filed on January 12, 2015, is referred back to Magistrate Judge Hummel for further review. Signed by Judge David N. Hurd on 1/15/15. (served on plaintiff by regular mail) (alh, ) |
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