Dizak v. Hawks et al
| Stuart Dizak |
| B. Hawks, D. Lavallee, G. Gibilaro, Eric Gutwein and Philip Heath |
| 9:2015cv01171 |
| October 1, 2015 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| St. Lawrence |
| Therese Wiley Dancks |
| Lawrence E. Kahn |
| 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
277
DECISION AND ORDER: Plaintiff's motion for appointment of counsel andfor reconsideration of the Court's January 13, 2020 Decision and Order, Dkt. No. 267 , is DENIED in all respects. The Clerk of the Court is directed to close the file in this matter. Signed by Senior Judge Thomas J. McAvoy on October 27, 2020. (Copy served via regular mail on plaintiff)(rep)
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Filing
266
DECISION AND ORDER: Dizak's motion for a new trial, Dkt. No. 243 , is DENIED. The defendants' application for taxation of costs, Dkt. No. 229 , is GRANTED IN PART and DENIED IN PART. The application is granted to the extent that the fe es for the defendants' non-party witnesses' attendances at trial, $222.14, is taxed against Dizak. The application for taxation of costs is denied in all other respects. Signed by Senior Judge Thomas J. McAvoy on January 13, 2020. (Copy served via regular mail)(rep)
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Filing
161
DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 151 ) is APPROVED and ADOPTED in its entirety. ORDERED, that Defendants' motion for summary judgment (Dkt. No. 111 ) is GRANTED in part and DENIED in part. The Motion is GRANTED as to Plaintiffs § 1983 excessive force claim against defendants Lavallee and Rogers. The Motion is otherwise DENIED. ORDERED, that the Clerk shall terminate Lavallee as a defendant in this action. Signed by Senior Judge Lawrence E. Kahn on 2/20/18. (served on plaintiff by regular mail) (alh, )
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Filing
52
DECISION AND ORDER: ORDERED, that Plaintiff's Motion for Injunctive Relief (Dkt. No. 38 ) is DENIED. ORDERED, that Plaintiff's Motion for Appointment of Counsel (Dkt. No. 41 ) is DENIED with leave to renew. Signed by Senior Judge Lawrence E. Kahn on 9/8/16. (served on plaintiff by regular mail) (alh, )
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Filing
15
DECISION AND ORDER: ORDERED, that Plaintiff's Amended Complaint (Dkt. No. 11) is accepted for filing. ORDERED, that the following claims are DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief may be granted: (1) Eleventh Amendment claims against DOCCS; (2) Fourteenth Amendment due process claims against Gutwein; (3) First Amendment freedom of religion claims against Hawks; (4) retaliation claims based upon cell searche s; (5) supervisory claims against Heath; and (6) conspiracy claims. ORDERED, that Gibilaro, Gutwein, and Heath are DISMISSED as Defendants herein. ORDERED, that upon receipt from Plaintiff of the signed certificate verifying that Plaintiff's signature on the certificate shall serve as an original signature on his Amended Complaint, the Clerk is directed to: (1) file the Amended Complaint in this action together with the supporting Exhibits (Dkt. No. 11-1) as the operative pleading; (2) revise the docket to reflect that Rogers is a Defendant and to remove Gibilaro as a Defendant; and (3) issue an amended summons and forward it to the U.S. Marshal for service on the additional Defendant. ORDERED, that a response to the Amended Complaint be filed by Defendants, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Lawrence E. Kahn on 2/17/16. (served on plaintiff with rule 11 affidavit by regular mail)(alh, )
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