Mojica v. Murphy et al
| Dionisio Mojica |
| John Murphy, John Sharrow and John Doe |
| 9:2017cv00324 |
| March 20, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Seneca |
| David E. Peebles |
| David N. Hurd |
| 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:
| Document Text |
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Filing
153
JUDGMENT: IT IS ORDERED AND ADJUDGED that Plaintiff's 1 Verified Complaint be DISMISSED in its entirety for failure to exhaust his available administrative remedies before filing this action pursuant the PLRA. All of the above pursuant to the order of the Honorable Miroslav Lovric, dated this 8th day of April, 2021. (Copy served via regular mail on plaintiff). (rep)
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Filing
99
DECISION AND ORDER: It is ORDERED that Defendants' # 66 motion for summary judgment based on failure to exhaust is DENIED; Plaintiff's # 97 motion to amend is DENIED; The following claims remain for trial: (1) excessive force against all defendants; and (2) failure to intervene against defendant Murphy; Trial is tentatively scheduled for September 14, 2020 at 9:30 a.m. in Utica, New York. Pre-trial submissions are due on or before August 31, 2020; The parties are reminded that they have the option of referring this case to Magistrate Judge Lovric, pursuant to 28 U.S.C. § 636(c)) and based on his familiarity with the case, but are free to withhold consent without adverse substantive consequences. The parties are dir ected to advise the Court on or before April 17, 2020 whether or not a consent to a jury trial before him will be executed; and If plaintiff wishes to renew his motion for the appointment of pro bono trial counsel, he must do so within thirty (30) days of the date of this Decision and Order. Signed by Judge David N. Hurd on March 9, 2020. (Copy served via regular mail)(rep)
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