Monroe v. New York State Department of Corrections and Community Supervision et al
| Michael J. Monroe |
| New York State Department of Corrections and Community Supervision, Officer K., Officer T. and Anthony Annucci |
| 9:2017cv01050 |
| September 21, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| David E. Peebles |
| Glenn T. Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
54
DECISION AND ORDER that Magistrate Judge Lovric's Report-Recommendation (Dkt. No. 53 ) is ACCEPTED and ADOPTED in its entirety. Defendants' motion to dismiss (Dkt. No. 51 ) is GRANTED and Plaintiff's Amended Complaint (Dkt. No. [2 6]) is DISMISSED in its entirety pursuant to Fed. R. Civ. P. 41(b). 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 2/26/2020. (Copy served via regular and certified mail). (sal )
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Filing
46
DECISION AND ORDER: ORDERED that Magistrate Judge Peebles' Report-Recommendation (Dkt. No. 43 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion to dismiss Plaintiff's Amended Complaint (Dkt. No. 38 ) is DENIED. Signed by Chief Judge Glenn T. Suddaby on 2/1/2019. (Decision and Order mailed to plaintiff via certified and regular mail). (rar, )
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Filing
27
DECISION AND ORDER: ORDERED that the Amended Complaint (Dkt. No. 26 ) is accepted for filing and is deemed the operative pleading. ORDERED that the Clerk of the Court shall (i) revise the docket to reflect that Annucci, Kocienski and Tyo are de fendants in this action; and (ii) revise the docket to reflect that Officer K and Officer T are no longer defendants in this action. ORDERED that Plaintiff's claims against Annucci are dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED that Annucci is dismissed as a defendant herein. ORDERED that Plaintiff's First Amendment claims against Kocienski and Tyo survive review a nd require a response. ORDERED that the Clerk shall issue 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 Attorney General's Office, together with a copy of this Decision and Order. Signed by Chief Judge Glenn T. Suddaby on 7/20/18. {order served via regular mail on plaintiff}(nas, )
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