Richard v. Department of Correctional Services et al
| John Willis Richard |
| Department of Correctional Services, Lucien J. LeClaire, Harold Graham, McCarthy, Oleksiw, Brown, Lieutenant Burns, Mahunik, Volpe, G. Gibson, M. Woodard, D. McLoughlin, Sheri Quinn, Susan Drobar, Zainab A. Chaudhry, Ray A. Kyles, Patrick J. Griffin, Urbanski, Jordan, Sipple, Maysisa, Dennis Giglio, J. Daddezio and DOE |
| 9:2015cv00006 |
| January 5, 2015 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Clinton |
| Mae A. D'Agostino |
| Therese Wiley Dancks |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
95
ORDER that Magistrate Judge Dancks' May 6, 2019, Order denying Plaintiff's motion to compel further discovery (Dkt. No. 91) is AFFIRMED, and that Plaintiff's appeal (Dkt. No. 94) is DENIED. Magistrate Judge Dancks' May 6, 2019, Report Recommendation (Dkt. No. 91) is ADOPTED in all respects. Defendants' motion for summary judgment (Dkt. No. 88) is GRANTED on the ground that Plaintiff failed to exhaust administrative remedies and Plaintiff's remaining claims are DISMISSED with prejudice in their entirety. Signed by Judge Brenda K. Sannes on 9/6/2019. (Copy served on Plaintiff via regular mail)(rjb, )
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Filing
67
MEMORANDUM-DECISION AND ORDER: ORDERED that the Report and Recommendation (Dkt. No. 61 ) is ADOPTED in its entirety for the reasons stated therein. ORDERED that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 46 ) purs uant to Rule 12(b)(6) is GRANTED in part and DENIED in part. ORDERED that the motion to dismiss is granted as to and that the following claims are DISMISSED WITH PREJUDICE: (1) Fourteenth Amendment procedural due process claims against Defendants B rown and Jordan; (2) First Amendment retaliation claim against Defendants Gibson, Volpe, Woodard, McCarthy, and Brown; (3) Fourteenth Amendment equal protection claim against Defendants Gibson, Volpe, Woodard, McCarthy, Brown, and McGaw; (4) conspira cy claim against Defendants Gibson, Volpe, Woodard, McCarthy, Oleksiw, and Brown under §§ 1983, 1985(3), and 1986; and (5) conspiracy claim against Defendants Jordan, Mace, Daddezio, and Sipple brought under §§ 1983, 1985(3), and 1986. ORDERED that the motion to dismiss is DENIED as to the Fourteenth Amendment due process vagueness claim against Defendant Leclaire. ORDERED that Defendants Brown, Gibson, Volpe, Woodard, McCarthy, McGaw, Oleksiw be DISMISSED from this action. Signed by Judge Brenda K. Sannes on 9/29/17. (served on plaintiff by regular mail) (alh, )
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