Parson v. York et al
| Drahcir Parson |
| Nathan York, Anthony J. Annucci and Christopher Miller |
| 9:2016cv00167 |
| February 16, 2016 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Albany |
| Christian F. Hummel |
| David N. Hurd |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
59
DECISION AND ORDER: Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the 53 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDER ED that 1. Defendant's 46 motion for summary judgment is GRANTED; and 2. Plaintiff's amended complaint is DISMISSED in its entirety, with prejudice.The Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 9/5/18. (served on plaintiff by regular and certified mail) (alh, )
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Filing
33
DECISION AND ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation (Dkt. No. 31 ) is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED, that (1) Defendant Nathan Y ork's motion to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 19 ) is GRANTED; (2) Defendants Anthony Annucci and Christopher Miller's motion to dismiss the amended complaint pursuant to Feder al Rule of Civil Procedure 12(b)(6) (ECF No. 27 ) is GRANTED in part and DENIED in part; (3) Plaintiff's Fourteenth Amendment claims regarding: (i) Parson's transfer to Great Meadows Correctional Facility against Annucci and (ii) unconsti tutional due process claim against Miller, are DISMISSED; (4) Plaintiff's Fourteenth Amendment claim against Miller regarding his eight month placement in administrative segregation at Great Meadows Correctional Facility REMAINS; (5) Defendant s Annucci and York are DISMISSED from this action; and (6) The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. Signed by Judge David N. Hurd on 3/21/17. (served on plaintiff by regular and certified mail) (alh, )
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Filing
24
DECISION AND ORDER: ORDERED that Plaintiff's amended complaint (Dkt. No. 18 ) is accepted for filing and is considered the operative pleading. ORDERED, that the two motions to dismiss (Dkt. Nos. 13 and 21 ) the original complaint are DENI ED as moot. ORDERED, that defendants Annucci and Miller shall file a response to plaintiff's amended complaint within thirty (30) days of the filing date of this Decision and Order. ORDERED, that plaintiff may submit a response to defendant York's motion to dismiss (Dkt. No. 19 ) the amended complaint on or before August 5, 2016. Defendant York's reply to any such response is due on or before August 12, 2016. Signed by Judge David N. Hurd on 7/13/16. (served on plaintiff by regular mail) (alh, )
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