Elleby v. Martucello et al
| Taye Lamonte Elleby |
| Martucello, Shanley and D.O.C. |
| 9:2016cv01335 |
| November 8, 2016 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Seneca |
| Mae A. D'Agostino |
| David E. Peebles |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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| Document Text |
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Filing
48
JUDGMENT entered dismissing the action in accordance with the 8/9/18 Memorandum-Decision and Order of Judge D'Agostino.{judgment served via regular mail on plaintiff} (nas, )
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Filing
41
MEMORANDUM-DECISION AND ORDER: ORDERS that Magistrate Judge Peebles' Report and Recommendation (Dkt. No. 39 ) is ADOPTED in its entirety. ORDERS that Defendants' motion for to dismiss (Dkt. No. 25 ) is GRANTED. ORDERS that Plaintif f's complaint (Dkt. No. 1) is DISMISSED with leave to replead, except as to his request for prospective injunctive relief, within THIRTY (30) DAYS of this Memorandum-Decision and Order. ORDERS that, if Plaintiff fails to file an amended complai nt within thirty (30) days of the filing of this Memorandum-Decision and Order, the Clerk of the Court is directed to enter judgment in Defendants' favor and close this case, without further order from the Court. Signed by U.S. District Judge Mae A. D'Agostino on 1/29/18. {order served via regular mail on plaintiff}(nas, )
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