Koehl v. Bernstein et al
| Edward Koehl |
| Fredick Bernstein, M.D., William Lee, Robert E. Ercole, Richard Cunningham, Andrea Evans, Francis Herman, Lester Edwards, Terrence X. Tracy, Andrew Harvey, I. Russo, Joseph Brennan, R. Hilliar, D. Sawyer, Brian Fischer, Lester Wright and State of New York |
| 1:2010cv03808 |
| May 10, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Dutchess |
| Sidney H. Stein |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
132
ORDER: that Magistrate Judge Gorenstein's Report and Recommendation is adopted for the reasons set forth therein. The Clerk of Court is directed to close this case and all pending motions [dkt. nos. 77 and 113] are deemed moot. (Signed by Judge Sidney H. Stein on 8/10/2012) (pl)
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Filing
67
ORDER: that Magistrate Judge Gorenstein's Report & Recommendation is adopted and Defendants' motion to dismiss the complaint pursuant to F.R.C.P. 12(b)(6) [docket no. 25] is granted in part and denied in part. The following claims remain: (1) Fourteenth Amendment Due Process claims against Harvey, Sawyer, and Russo based on disciplinary proceedings; (2) First Amendment retaliation claims (a) against Cunningham with regard to Koehl's facility transfer, (b) against Cunningham with regard to Koehl's executive clemency application, and (c) against Russo and Harvey with regard to Koehl's tier ill misbehavior report and against Hilliar with regard to the tier II misbehavior report; (3) Eighth Amendment claims (a) against Ercole for his involvement in Koehl's 60 day assignment to a cell with "chain smokers," and (b) against Fischer, Dr. Wright, and Dr. Bernstein for their failure to treat Koehl's cervical spine and back injuries. (Signed by Judge Sidney H. Stein on 9/21/2011) (ft)
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