Nix v. State of New York et al
| Evan Nix |
| State of New York, New York State Department of Corrections, V. Norton, S. Lester, John Doe 1, Jane Doe 2, John Doe 3, John Doe 4, Jane Doe 6, Edie R. and John Doe 8 |
| 9:2016cv00828 |
| July 7, 2016 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Albany |
| Therese Wiley Dancks |
| Frederick J. Scullin |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
80
ORDER: The Court hereby ORDERS that Magistrate Judge Dancks' February 13, 2020 77 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Defendants' motion for summary judgment, see Dkt. No. 64 , is GRANTED; and the Court further ORDERS that Plaintiff's second amended complaint, see Dkt. No. 23 , is DISMISSED with prejudice; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case. Signed by Senior Judge Frederick J. Scullin, Jr on 3/18/2020. (meb)
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Filing
44
ORDER: ORDERS that Magistrate Judge Dancks' August 4, 2017 Report and Recommendation, see Dkt. No. 43 , is ACCEPTED in its entirety for the reasons stated therein. ORDERS that Defendant Norton and Lester's motion, see Dkt. No. 32 , is GRANTED. ORDERS that Plaintiff's claims against Defendants Norton and Lester alleging that they failed to intervene and protect Plaintiff from inmate Sanders' assault are DISMISSED without prejudice. ORDERS that Plaintiff's cl aims against Defendants Norton and Lester alleging that they were deliberately indifferent to Plaintiff's medical needs are DISMISSED without prejudice. ORDERS that Plaintiff's claims against Defendants Norton and Lester alleging verbal harassment and threats are DISMISSED with prejudice. ORDERS that the following claims against all Defendants are DISMISSED with prejudice sua sponte: (1) § 1983 official capacity claims; (2) assault and battery claims; (3) claims under the Fifth and Sixth Amendments; and (4) claims under 18 U.S.C. § 241. ORDERS that the following claims against all Defendants are DISMISSED without prejudice sua sponte: (1) claims under the Fourth Amendment; (2) conspiracy claims under 42 U.S.C . § 1983 and 42 U.S.C. § 1985; and (3) claims under 42 U.S.C. § 1981. ORDERS that this matter is referred to Magistrate Judge Dancks for all further pretrial matters. Signed by Senior Judge Frederick J. Scullin, Jr. on 8/21/17. (alh, )
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