Bell v. Napoli et al
||J. Napoli, A. Farina, R. Ruggri and M. Music
||August 4, 2017
||US District Court for the Northern District of New York
||Andrew T. Baxter
||David N. Hurd
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42 U.S.C. § 1983 Prisoner Civil Rights
|Jury Demanded By:
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|December 11, 2018
MEMORANDUM DECISION AND ORDER. ORDERED, that the defendants' motion for summary judgment based on plaintiff's alleged failure to exhaust (Dkt. No. 48 ) is DENIED. Signed by US Magistrate Judge Andrew T. Baxter on 12/11/2018. (Memorandum Decision and Order served on plaintiff via regular mail). (rar)
|September 18, 2017
DECISION AND ORDER: ORDERED that 1. Because the filing fee has been paid in full, the inmate authorization (Dkt. No. 3 ) submitted by plaintiff is of no force and effect and is hereby STRICKEN from the docket; 2. The complaint is DISMISSED with out prejudice as against C.O. Music for failure to state a claim upon which relief may be granted; 3. The Clerk of the Court shall terminate C.O. Music as a defendant in this action; 4. Plaintiff is afforded an opportunity to either (i) submit a c ompleted and signed IFP application which has been certified by an appropriate official at his facility; or (ii) request an order of this Court directing service by the U.S. Marshal and provide payment of the service fee to the U.S. Marshal in full by money order or certified check; 5. Upon plaintiff's submission of an IFP application or request for assistance withservice of process, the Clerk shall return the file to the Court for consideration; 6. If plaintiff does not submit an IFP a pplication or a request for assistance with service of process within thirty (30) days of the filing date of this Decision and Order, the Clerk shall issue summonses and forward them to plaintiff, who shall be responsible for effecting service of process on the defendants; 7. Upon issuance of the summons, the Clerk shall send a copy of the summons and complaint to the Office of the New York Attorney General, together with a copy of this Decision and Order; 8. A formal response to plaintiff's complaint shall be filed by defendants or their counsel as provided for in the Federal Rules of Civil Procedure subsequent to service of process. Signed by Judge David N. Hurd on 9/18/17. (served on plaintiff by regular mail)(alh, )
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