Morgan v. Luft et al
| Derrick Morgan |
| Luft and Farrell |
| 9:2015cv00024 |
| January 9, 2015 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Greene |
| Glenn T. Suddaby |
| Randolph F. Treece |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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| Document Text |
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Filing
78
DECISION AND ORDER accepting and adopting # 72 Magistrate Judge Stewart's Report and Recommendation in its entirety. Defendants' motion for summary judgment is granted in part and denied in part, such that all Plaintiff's claims ar e dismissed, except for his First Amendment retaliation claim against Defendant Farrell, which remains pending and is deemed ready for trial. It is ordered that pro bono counsel be appointed for Plaintiff for purposes of trial only (and not for any appeal) and that, upon assignment of pro bono counsel, a final pretrial conference with counsel be scheduled, at which counsel for both parties shall appear with settlement authority. 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
49
DECISION and ORDER: ORDERED that Magistrate Judge Stewart's Report-Recommendation (Dkt. No. 46 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendant Farrell's motion to dismiss Plaintiff's Complaint for failure to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. No. 28 ) is DENIED. ORDERED that Defendant Farrell file an answer to the Plaintiff's Complaint within 14 days of the date of this Decision & Order pursuant to Fed.R.Civ.P. Rule 12(a)(4)(a). Signed by Chief Judge Glenn T. Suddaby on 3/22/16. {order served via regular mail on plaintiff}(nas)
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