White v. Marinelli et al
| Equarn White |
| John Marinelli, Donald Uhler, Robert Barkman, Patrick M. Baker, Richard Scott, Luc Maynard, Randel Smith, Michael Eddy, Laura Gokey, Richard Winston, Adam Gallagher, Brian Fournier, Jeffry Premo, Nicholas Ashline, Nancy Smith, Heath Baker, Michele Byno, George Waterson, Christy Conklin, Denise Bernier, Roxanne LeClerc, Tracy Nelson and Michael Bashaw, Jr. |
| 9:2017cv01094 |
| October 2, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Clinton |
| Andrew T. Baxter |
| Lawrence E. Kahn |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
85
DECISION AND ORDERED, that the Report-Recommendation (Dkt. No. 84 ) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Defendants motion for summary judgment (Dkt. No. 75 ) is GRANTED; and it is further ORDERED, the amended co mplaint be dismissed in its entirety as against all remaining defendants; and it is further ORDERED, that the Clerk close this action. Signed by Senior Judge Lawrence E. Kahn on December 17, 2021. (Copy served via regular and certified mail)(sas) Modified on 12/17/2021 to link the docket entries (meb).
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Filing
36
MEMORANDUM-DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 34 ) is ADOPTED in part and MODIFIED in part as described in this Memorandum-Decision and Order. ORDERED, that the Motion to Dismiss (Dkt. No. 19 ) is DENIED w ith respect to Plaintiff's Eighth Amendment conditions- of-confinement claim against Randel Smith and his First Amendment retaliation claim against Nelson, but GRANTED with respect to the Eighth Amendment medical indifference claim against Water son. ORDERED, that the Motion to Amend (Dkt. No. 28 ) is DENIED without prejudice. Plaintiff may renew his Motion to Amend with a revised proposed amended complaint that alleges only the following claims: (1) the First Amendment retaliation c laim against Tracy Nelson, Denise Bernier, and Roxanne LeClerc; (2) the Eighth Amendment deliberate medical indifference claims against Sergeants Luc Maynard and Patrick Baker, Officer Richard Winston, mental health worker John Marinelli, Nurse Heath Baker, and Lieutenant Robert Barkman, and nurse Michele Byno based on Plaintiff's mental health needs; (3) the Eighth Amendment conditions of confinement claims against (a) Maynard, Winston, Officer Adam Gallagher, Officer Brian Fournier, and S ergeant Richard Scott based on unsanitary conditions in Cell 13 in May 2014; (b) Sergeants Michael Eddy and Laura Gokey, Marinelli, and Randel Smith for keeping him in Cell 15 next to inmate Reeder, resulting in sleep deprivation, in May 2014; and ( c) Sergeant Randel Smith for placing him in Cell 18 next to inmate Reeder in December 2015; (4) the Eighth Amendment excessive force claims against Michael Gokey, Sarah Tompkins, and the unidentified Doe guards who participated in the September 2014 and 2015 assaults on Plaintiff; (5) the First Amendment retaliation claims against (a) Tompkins and her Doe accomplices regarding the 2015 assault and false disciplinary report; and (b) Laura Gokey and Randel Smith regarding inmate Reeder; (6) the Fo urteenth Amendment due process claims against Eric Gutwine and Plaintiff's Jane Doe inmate assistant regarding his December 2015 disciplinary hearing; and (7) any other claims that the Court has not already dismissed. ORDERED, that Plaintiff s hall file any such renewed motion to amend his complaint within thirty days of the filing date of this Memorandum-Decision and Order. ORDERED, that any such renewed motion to amend will be Plaintiff's final opportunity to amend his Complaint without a showing of good cause. ORDERED, that Plaintiff's Motion to Show Cause (Dkt. No. 35 at 2125) is DENIED. ORDERED, that this case continues to be referred to Magistrate Judge Andrew Baxter for full pretrial and report-recommendations concerning dispositive motions. Signed by Senior Judge Lawrence E. Kahn on 3/8/19. {order served via regular mail on plaintiff}(nas )
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