Toliver v. Office-Dept. of Corrections N.Y.C. et al
| Michel Toliver |
| Office-Dept. of Corrections N.Y.C., Commissioner of the Dept., Chief of the Department, Warden of G.R.V.C., Barret, Lopez, Phiffer and John Doe |
| 1:2010cv05354 |
| July 14, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Deborah A. Batts |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
139
ORDER for 115 Report and Recommendations. Having conducted the appropriate levels of review, this Court adopts the Report in its entirety. The Amended Complaint is hereby DISMISSED WITH PREJUDICE. On September 12, 2014, Plaintiff filed a letter requesting assignment of counsel, (ECF No. 126), which is now dismissed as moot. The Clerk of the Court is directed to close the docket on this case. (As further set forth in this Order.) (Signed by Judge Deborah A. Batts on 12/10/2015) (spo)
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Filing
115
REPORT AND RECOMMENDATION re: 98 Amended Complaint, filed by Michel Toliver. For the reasons set forth above, I recommend that the defendants' motion be granted and the action be dismissed. Pursuant to 28 U.S.C. § 636(b) (1) and Rule s 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from this date to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court, with extr a copies delivered to the chambers of the Honorable Deborah A. Batts, Room 2510, and to the chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. Objections to R&R due by 6/23/2014(Signed by Magistrate Judge James C. Francis on 6/5/2014) Copies Mailed By Chambers (djc)
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Filing
94
ADOPTION OF REPORT AND RECOMMENDATION: Having reviewed the Report and finding no clear error on the face of the record, see 28 U.S.C. § 636(b) (1) (B), it is hereby ORDERED and ADJUDGED that the Report and Recommendation of United States Magistr ate Judge James C. Francis IV, dated December 11, 2012, be and the same hereby is APPROVED, ADOPTED, and RATIFIED by the Court in its entirety. Plaintiff's request for leave to amend the Complaint is hereby DENIED insofar as it seeks to add as d efendants the City of New York and C.O. Murrell, and GRANTED insofar as it seeks to add as a defendant C.O. Okvist. Furthermore, Defendants' Summary Judgment Motion is (1) GRANTED to the extent that it relates to the Department of Correction NYC and its Commissioner, Chief, and Warden; {2) GRANTED on the Deliberate Indifference claim against Captain Phifer; (3) GRANTED on the State law claims; and (4) DENIED on the Failure to Intercede claim against Captain Phifer. The Clerk of the Court is directed to close ECF entries 81 and 87 in this matter. (Signed by Judge Deborah A. Batts on 7/9/2013) (ft)
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