Staples v. Deyo et al
| Rahson Staples |
| D. Deyo, Joe Patane, Mark D. Kinderman, Krishna Valimudi, Melissa Podagrossi Thorbitt, Jeffrey E. Williams, Pat Culvert, Mr. Kopec and OA Kapler |
| 9:2017cv00703 |
| June 29, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Queens |
| Therese Wiley Dancks |
| Thomas J. McAvoy |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
68
JUDGMENT entered dismissing the action in accordance to the 8/13/2021 Decision and Order of Judge McAvoy.{judgment served via regular and certified mail on plaintiff} (nas)
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Filing
54
DECISION AND ORDER: ORDERED that having considered the record de novo, the Court ACCEPTS and ADOPTS the recommendations contained in the Order and Report-Recommendation (Dkt. No. 51 ) for the reasons stated therein. It is therefore ORDERED that De fendants' motion for summary judgment (Dkt. No. 46 ) is GRANTED in part and DENIED in part as follows: (1) it is DENIED as to claims against Defendants Patane and Coppolla without prejudice and with the opportunity to renew by way of a second s ummary judgment motion or exhaustion hearing, and (2) it is GRANTED as to Plaintiff's First Amendment retaliation claim against Defendant Collver, which is DISMISSED without prejudice. The Court Clerk may terminate Defendant Collver from this action. The matter is referred to Magistrate Judge Dancks to determine whether the action should proceed under Rule 25(a)(1). Signed by Senior Judge Thomas J. McAvoy on 2/20/19. {order served via regular and certified mail at plaintiff's last known address}(nas, )
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