Skates v. Shusda et al
| Elijah Skates |
| Jarrod Shusda, Cheryl Morris, Abdulkadir Elmi, Brent Yukoweic and Robert Schattinger |
| 9:2014cv01092 |
| September 4, 2014 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Washington |
| David E. Peebles |
| Thomas J. McAvoy |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
65
DECISION AND ORDER: ORDERED that the Report-Recommendation, dkt. # 63 , is hereby ADOPTED. The Defendants' motion to dismiss for lack of prosecution and failure to comply with discovery orders, dkt. # 62 , is hereby GRANTED. The Complaint is dismissed in its entirety. The Clerk of Court is directed to CLOSE the case. Signed by Senior Judge Thomas J. McAvoy on 10/26/17. {order served via regular mail on plaintiff}(nas, )
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Filing
37
DECISION AND ORDER: ORDERED that the Court ADOPTS the Report and Recommendation [dkt. # 36 ] for the reasons stated therein. The defendants' motion to dismiss [dkt. # 34 ] plaintiff's amended complaint [dkt. # 33) is GRANTED in part, a nd plaintiff's equal protection and retaliation claims are DISMISSED with leave to file a second amended complaint within thirty (30) days from the date of this Decision and Order, but that the remaining portion of the motion, addressing plainti ff's First Amendment free exercise cause of action, is DENIED. Plaintiff is advised that an amended complaint supersedes in all respects the prior pleading. Therefore, if Plaintiff files a second amended complaint, he must properly allege in the second amended complaint all factual bases for all claims asserted therein. The failure to file a second amended complaint within this time frame will be deemed as an abandonment of the dismissed claims, and a "with prejudice" dismissal will be entered on the Court's docket on the dismissed claims without further order by the Court. Signed by Senior Judge Thomas J. McAvoy on 7/13/16. {order served via regular mail on plaintiff}(nas)
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