Calhoun v. The Department of Correction & Others: et al
| Sidney Louis Calhoun |
| The Department of Correction & Others:, Capt. Banks, Capt Presley, C/O Durrant, CO Abrams, Deputy Stutes, Capt Smith, DR Rosenthal, The O.-Contractor Electrical-, C/O Lumina and Capt Querin |
| 1:2010cv00182 |
| January 11, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Loretta A. Preska |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
50
ORDER for 49 Report and Recommendations, 43 Motion to Dismiss filed by The City of New York. The motion of defendant The City of New York to dismiss the amended complaint [DI 43] is granted, substantially for the reasons set forth in the report a nd recommendation of Magistrate Judge Henry B. Pitman to which no objection has been filed. The action is dismissed as to all other defendants- except C.O. Abrams- for failure to make timely service of process. As the basis for dismissal as to the City is common to the claim against C.O. Abrams, the action is dismissed as to C.O. Abrams as well. The Clerk shall enter judgment and close the case. (Signed by Judge Lewis A. Kaplan on 3/31/2014) (cd)
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Filing
49
REPORT AND RECOMMENDATIONS re: 43 MOTION to Dismiss, filed by The City of New York. For all the foregoing reasons, I respectfully recommend that the City's motion to dismiss (Docket Item 43) be granted and that plaintiff's complaint be dismissed with prejudice as to all defendants. Objections to R&R due by 1/31/2014. (Signed by Magistrate Judge Henry B. Pitman on 1/14/2014). Copies Mailed By Chambers. (ja)
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