Barnes v. Annucci et al
| Arrello Barnes |
| Anthony Annucci, Donald Venetozzi, Christopher Miller, R. Eastman, Kenneth McKeighan, R. Boyea, Frazier, Coveny, Borowski, Ollies, Janora, J. Whitford, Richard J. Mahuta, J. Hanson, Stickney, Joseph P. Maxwell, Matt Waters, R. Bell, S. Narkiewicz and K. West |
| 9:2015cv00777 |
| June 25, 2015 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Chemung |
| David E. Peebles |
| Gary L. Sharpe |
| 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
112
JUDGMENT that the Order, Report, and Recommendation (Dkt. No. 105 ) is ADOPTED in its entirety. That defendants' motion for summary judgment (Dkt. No. 97 ) is GRANTED. That Barnes' cross-motion for summary judgment (Dkt. No. 102 ) is D ENIED. That Barnes' second amended complaint (Dkt. No. 72 ) is DISMISSED. That the clerk close this case, in accordance with the 111 Order issued by Senior District Judge Gary L. Sharpe on March 27, 2019. (Copy served upon plaintiff via regular mail). (sal)
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Filing
78
ORDER: ORDERED that the Report and Recommendation (Dkt. No. 76 ) is ADOPTED in its entirety. ORDERED that Barnes' second amended complaint (Dkt. No. 72 ) is accepted for filing. ORDERED that the fourth, seventh, and ninth causes of action asserted in the second amended complaint (Dkt. No. 72) are DISMISSED WITH PREJUDICE. ORDERED that defendants Borowski, Janora, Waters, Bell, Narkiewicz, West, and Frazier are DISMISSED from this action. ORDERED that the following claims may pro ceed: (1) Fourteenth Amendment procedural due process claim against defendants Coveny, Whitford, and McKeighan; (2) First Amendment free speech claim against defendants Ollies and Mahuta; (3) First Amendment free exercise claim against Mahuta; and (4) Fourteenth Amendment procedural due process claims against defendants Annucci and Venetozzi in their supervisory capacities. Signed by Senior Judge Gary L. Sharpe on 10/19/17. (served on plaintiff by regular mail)(alh, )
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Filing
75
ORDER: ORDERED that the Report and Recommendation (Dkt. No. 70 ) is ADOPTED in its entirety. ORDERED that defendants' motion to dismiss (Dkt. No. 61 ) is GRANTED with respect to the following causes of action and that they are DISMISSED wi thout prejudice to plaintiff's filing of his second amended complaint, which has already been filed (Dkt. No. 72) that cures the deficiencies identified in the Report and Recommendation: (1) plaintiff's First Amendment free speech claims asserted against defendants McKeighan, Frazier, Whitford, Maxwell, and Borowski; (2) plaintiff's First Amendment access to courts claim asserted against defendants Bell, Narkiewicz, and West; (3) plaintiff's Fourteenth Amendment due proc ess claims asserted against defendants Frazier, Ollies, Mahuta, Hanson, Maxwell, Whitford, and Borowski; and (4) plaintiff's supervisor liability claims asserted against defendants Annucci and Venetozzi. ORDERED that defendants Frazier, Wh itford, Maxwell, Borowski, Bell, Narkiewicz, West, Annucci, and Venetozzi are DISMISSED from the action. ORDERED that, if plaintiff's second amended complaint does not cure the deficiencies identified in the Report and Recommendation the f ollowing causes of action survive defendants' motion and proceed to discovery: (1) plaintiff's First Amendment free speech claims asserted against defendants Ollies and Mahuta; (2) plaintiff's First Amendment free exercise claim asserted against defendant Mahuta; (3) plaintiff's Fourteenth Amendment due process claims asserted against defendants Coveny and McKeighan. Signed by Senior Judge Gary L. Sharpe on 9/1/17. (served on plaintiff by regular mail) (alh, )
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Filing
60
ORDER: ORDERED that the Report and Recommendation (Dkt. No. 56 ) isADOPTED in its entirety. ORDERED that defendants' motion to revoke plaintiff's IFP status and conditionally dismiss the complaint in this matter, (Dkt. No. 30 ), is DENIED. Signed by Senior Judge Gary L. Sharpe on 9/7/16. (served on plaintiff by regular mail)(alh, )
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Filing
55
DECISION AND ORDER: ORDERED that plaintiff's renewed motion for preliminary injunctive relief (Dkt. No. 53 ) is DENIED. Signed by Senior Judge Gary L. Sharpe on 6/20/16. (served on plaintiff by regular mail) (alh, )
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