Walker v. Bellnier et al
| Tyrone Walker |
| Joseph Bellnier, Donald Uhler, Paul P. Woodruff, Joanne Fitchette and Melissa A. Cook |
| 9:2017cv01008 |
| September 11, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| Christian F. Hummel |
| Glenn T. Suddaby |
| 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:
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Filing
105
DECISION AND ORDER that Magistrate Hummel's Report-Recommendation (Dkt. No. 102 ) is ACCEPTED and ADOPTED in its entirety. Plaintiff's motion for summary judgment (Dkt. No. 79 ) is DENIED. Defendants' cross-motion for summary judgme nt (Dkt. No. 86 ) is GRANTED. Plaintiff's Second Amended Complaint (Dkt. No. 31 ) is DISMISSED in its entirety. The Court certifies that an appeal from this Decision and Order would not be taken in good faith. Signed by Chief Judge Glenn T. Suddaby on 3/8/2021. (Served plaintiff by regular mail). (sal )
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Filing
23
DECISION AND ORDER accepting and adopting # 18 Magistrate Judge Hummel's Report and Recommendation in its entirety; denying # 14 Defendants' motion to dismiss Plaintiff's Amended Complaint; and denying without prejudice # 22 Plaint iff's second motion to suspend DOCCS' Court-Order requirement for copies. Defendants are directed to file an answer to Plaintiff's Amended Complaint within 14 days of the date of this Decision and Order pursuant to Fed.R.Civ.P. Rule 12(a)(4)(A), and this case is referred back to Magistrate Judge Hummel for the setting of pretrial scheduling deadlines. Signed by Chief Judge Glenn T. Suddaby on 3/22/19. (lmw) (Copy served upon Plaintiff via regular mail)
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Filing
9
DECISION AND ORDER: ORDERED that the Amended Complaint (Dkt. No. 8 ) is accepted for filing and is deemed the operative pleading. ORDERED that the following claims are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 191 5A(b) for failure to state a claim upon which relief may be granted: (1) Plaintiff's § 1983 claims for monetary damages against defendants in their official capacity; (2) Fourteenth Amendment Due Process claims based upon Plaintiff's Initial Placement in Administrative Segregation; (3) Fourteenth Amendment Equal Protection claims; and (4) claims based upon the violation of DOCCS' directives. ORDERED that Plaintiff's Fourteenth Amendment Due Process claims related to his continued confinement in Administrative Segregation and post-hearing reviews survive the Court's sua sponte review under 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) and require a response. ORDERED, that the Clerk shall iss ue a summonses and forward them, along with copies of the Amended Complaint, to the United States Marshal for service upon the defendants. The Clerk shall forward a copy of the summonses and Amended Complaint to the Office of the Attorney General, to gether with a copy of this Decision and Order. ORDERED, that a response to the Amended Complaint be filed by the defendants, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Chief Judge Glenn T. Suddaby on 1/9/18. (served on plaintiff by regular mail)(alh, )
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