Johnson v. Santamore et al
| Johnathan Johnson |
| Scott Santamore, Bryan Clark, Jason Rushlow, Brian Grant, B. Brand, Markel, George Waterson, B. Gale, Theodore Zerniak, David Rock and John Does |
| 9:2014cv00676 |
| June 6, 2014 |
| U.S. District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| Glenn T. Suddaby |
| Randolph F. Treece |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Defendant |
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Filing
89
DECISION AND ORDER denying # 69 Plaintiff's post-trial motion for judgment as a matter of law pursuant to Fed.R.Civ.P. 50 or, in the alternative, for a new trial pursuant to Fed.R.Civ.P. 59; denying # 70 Plaintiff's motion to vacate the j udgment against him pursuant to Fed.R.Civ.P. 59; and denying # 84 Plaintiff's Motion to Vacate the Court's order granting Defendant's second motion for a Bill of Costs pursuant to Fed.R.Civ.P. 54. Signed by Chief Judge Glenn T. Suddaby on 9/28/17. (lmw) (Copy served upon pro se plaintiff via regular mail)
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Filing
24
DECISION AND ORDER: ORDERED that Magistrate Judge Stewart's Report-Recommendation (Dkt. No. 22 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion for partial summary judgment (Dkt. No. 18 ) is GRANTED as to the following claims: (1) Plaintiff's conspiracy claims against Defendants Rock and Zerniak under 42 U.S.C. § 1983; Plaintiff's deliberate-indifference-to-serious-medical-needs claim against Defendant Waterson under the Eighth Ame ndment. ORDERED that David Rock, Theodore Zerniak and George Waterson shall be TERMINATED as Defendants in this action. ORDERED that Plaintiff's letter-motion requesting the appointment of trial counsel (Dkt. No. 23 ) is GRANTED. Pro Bo no Counsel will be appointed for the Plaintiff for purposes of trial only; any appeal shall remain the responsibility of the plaintiff alone unless a motion for appointment of counsel for an appeal is granted. ORDERED that upon assignment of Pro Bon o Counsel, a pretrial conference with counsel will be scheduled in this action, at which time the Court will schedule for trial with respect to the following remaining claims: (1) Plaintiff's excessive force claim against Defendants Santamore, Clark, Rushlow, Grant, Brand and Markel under the Eighth Amendment; (2) Plaintiff's conspiracy claim against Defendants Santamore, Clark, Rushlow, Grant, Brand and Markel under 42 U.S.C. § 1983; (3) Plaintiff's denial-of-access-to -the-courts claim against Defendants Santamore, Clark, Rushlow, Grant, Brand and Markel under the Fourteenth Amendment; and (4) Plaintiff's failure-to-protect claim against Defendant Gale under the Eighth Amendment. Signed by Chief Judge Glenn T. Suddaby on 6/23/16. {order served via regular mail on plaintiff}(nas)
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