Coleman v. Racette et al
| Towaun Coleman |
| Steven Racette, J. Proulx and Anthony J. Annucci |
| 9:2015cv00040 |
| January 14, 2015 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Clinton |
| Andrew T. Baxter |
| Thomas J. McAvoy |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
97
DECISION AND ORDER: It is ORDERED, that because the exhaustion remedies under the DOCCS Inmate Grievance Program were rendered unavailable to plaintiff with regard to grievances complaining of an alleged assault by defendant Nolan on December 4, 2 014, his remaining claim in this action is not barred by the Prison Litigation Reform Act based upon a failure to exhaust administrative remedies. And it is further ORDERED, that this matter be set down for trial on plaintiff's remaining claim of excessive force against defendant Nolan. Signed by U.S. Magistrate Judge Andrew T. Baxter on 10/2/2018. [Copy served upon plaintiff via regular mail.] (nmk)
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Filing
57
DECISION & ORDER: The Court ADOPTS the Report-Recommendation (dkt. # 53 ) for the reasons stated therein. The defendants' motion for summary judgment (dkt. # 50 ) is DENIED. Signed by Senior Judge Thomas J. McAvoy on 6/14/17. (served on plaintiff by regular mail) (alh, )
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Filing
38
DECISION AND ORDER: The 34 Report and Recommendation of Magistrate Judge Baxter is ADOPTED. ORDERED, that the Defendants' Motion to Dismiss, dkt. # 28 , is hereby GRANTED. ORDERED, that the complaint against Defendant Racette is dismissed in its entirety. ORDERED, that plaintiff's retaliation claims are dismissed against Defendant Nolan. ORDERED, that the case proceed to discovery as against defendant Nolan for plaintiff's excessive force claim only. Signed by Senior Judge Thomas J. McAvoy on 1/4/16. (served on plaintiff by regular mail) (alh, )
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