Diaz v. Pelo et al
| Frederick Diaz |
| Stephanie Pelo, C. Fraser, Kenneth McKeighan, Rodney Eastman, Christopher Miller and Rachel A. Young |
| 9:2015cv00776 |
| June 25, 2015 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Chemung |
| David N. Hurd |
| Randolph F. Treece |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
92
STIPULATION, ORDER AND JUDGMENT. Signed by Judge David N. Hurd on 7/30/19. {order served via regular mail on plaintiff}(nas)
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Filing
82
DECISION AND ORDER: ORDERED that 77 Report and Recommendation is accepted and adopted in all respects. ORDERED that 59 Defendants' motion for summary judgment is GRANTED in part and DENIED in part; Defendants' motion for summary judgment with respect to plaintiff's due process claim against defendant Young is DENIED and that claim will proceed to trial; Defendants' motion for summary judgment with respect to all other claims is GRANTED. ORDERED that the followin g claims are DISMISSED: a. due process claim against defendant Pelo for deduction of $1,660.20 from plaintiff's inmate account; b. retaliation claim against defendants Pelo and Young for deducting $1,660.20 from plaintiff's inm ate account; c. retaliation claim against defendants Fraser and Eastman for issuing plaintiff a false IPC report; d. due process claim against defendant McKeighan regarding the IPC and IGRC impeachment hearings; e. retaliation claim against def endant McKeighan for affirming plaintiff's IPC placement; f. retaliation claim against defendants Eastman and Miller for upholding plaintiff's IPC placement; and g. retaliation claim against defendant Pelo for issuing plaintiff a false misbehavior report. ORDERED that 73 Plaintiff's cross-motion for summary judgment is DENIED. ORDERED that Trial on the sole remaining due process claim against defendant Young is scheduled for Tuesday, August 6, 2019, in Utica, New York with pre-trial papers due on or before 12:00 p.m. on Tuesday, July 23, 2019. ORDERED that Plaintiff's prior request for pro-bono trial counsel, ECF No. 58, is considered renewed and GRANTED and counsel will be assigned in due course. Signed by Judge David N. Hurd on 3/28/19. {order served via regular mail on plaintiff}(nas )
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Filing
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DECISION AND ORDER: ORDERED that 22 Report and Recommendationis accepted and adopted in all respects. ORDERED that 17 Motion to Dismiss is granted in part and denied in part; Plaintiff's conspiracy and equal protection claims are DISM ISSED as against all defendants; and Defendants are directed to file an answer to the Complaint within twenty (20) days of the date of this Decision and Order. Signed by Judge David N. Hurd on 4/17/17. {order served via regular mail on plaintiff}(nas, )
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