Parker v. New York State Division of Parole et al
| 1:2004cv03901 |
| May 24, 2004 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Thomas P. Griesa |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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Filing
177
OPINION re: 166 MOTION to Dismiss . filed by John Jr Cieslak, Angela Dibenedetto: The operative complaint in this action is the amended complaint filed on August 14, 2014. Dkt. No. 100. In the complaint, pro se plaintiff Gilbert Parke r alleges, pursuant to 42 U.S.C. § 1983, that the New York State Division of Parole1 and four individual parole officers-Alice Chin, Ronald Friedman, John Cieslak, Jr., and Angela DiBenedetto-violated his constitutional rights by causing him to be unlawfully detained on two separate occasions between April 2003 and July 2003. The court granted summary judgment to defendants Chin and Friedman on March 29, 2016. Dkt. No. 140. At that time, the court noted that defendants Cieslak and DiBenedet to had not been properly served. Cieslak and DiBenedetto have since waived service of process, and now move to dismiss the complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons stated above, Ciesla k's and DiBenedetto's motion to dismiss is granted. The court also sua sponte dismisses plaintiff's claims against the New York State Division of Parole. Leave to amend would be futile and is denied. This opinion resolves the motion li sted at docket number 166. The Clerk of Court shall mail a copy of this opinion to plaintiff and note service on the docket. Because the court previously granted summary judgment to the other two defendants listed in the amended complaint (Chin and F riedman), see Dkt. No. 140, all of plaintiff's claims have now been resolved. The Clerk of Court is, therefore, respectfully directed to enter judgment and close the case. (Signed by Judge Thomas P. Griesa on 8/18/2017) (jwh) Modified on 8/18/2017 (jwh).
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Filing
140
OPINION: The court denies plaintiff's motion for summary judgment and grants defendants Chin and Friedman's cross-motion for summary judgment. In addition, the court denies plaintiff's motion for default judgment against defendants Cieslak and Dibenedetto. This opinion resolves all outstanding motions in this case. (As further set forth in this Opinion) (Signed by Judge Thomas P. Griesa on 3/29/2016) (kl)
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Filing
79
OPINION: re: 62 MOTION to Amend/Correct The Complaint. filed by Gilbert Parker. The motion to amend is denied with leave to renew motion on the basis of a proper complaint. This opinion resolves the motion listed as document number 62 in case number 04 Civ. 3901. SO ORDERED.(Signed by Judge Thomas P. Griesa on 9/04/2013) (ama)
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Filing
53
OPINION re: 39 MOTION for Summary Judgment filed by Gilbert Parker, 40 MOTION for Default Judgment as to filed by Gilbert Parker, 43 MOTION for Summary Judgment filed by R. Friedman, A. Chin, 49 MOTION opposing Defendant's Summary Jud gment filed by Gilbert Parker, 38 MOTION for Summary Judgment filed by Gilbert Parker. For the foregoing reasons, all motions are denied. This opinion resolves the motions listed as numbers 38, 39, 40, 43, and 49 on the docket. (Signed by Judge Thomas P. Griesa on 3/28/2012) (mro)
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