Zappulla v. Annucci et al
| Guy Zappulla |
| Brian Fischer, Lester Wright, William Lee, Franco, John Doe, John Doe #1 and John Doe #2 |
| 1:2011cv06733 |
| September 22, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Clinton |
| Richard J. Holwell |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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| Document Text |
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Filing
121
OPINION AND ORDER re: 108 SECOND MOTION for Summary Judgment filed by Carl Koenigsmann, Anthony J. Annucci, William Lee: For the foregoing reasons, Defendants' motion for summary judgment is GRANTED in its entirety, and the Amended Complaint is dismissed. The Clerk of Court is directed to terminate Docket No. 108 and to close the case. The Clerk of Court is further directed to mail a copy of this Order to Plaintiff. (Signed by Judge Jesse M. Furman on 3/4/2015) (tn)
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Filing
58
OPINION AND ORDER re: 37 MOTION to Dismiss the Amended Complaint. filed by Bernstein, Brian Fischer, Lester Wright, Franco, William Lee.For the reasons discussed above, Defendants motion to dismiss (Docket No. 37) is GRANTED in part and DENI ED in part. In particular, all of Plaintiffs claims against the moving Defendants are dismissed except for the claim relating to denial of adequate medical care for his right elbow, which survives only to the extent that claim seeks money damages fr om Defendant Lee in his individual capacity and declaratory and injunctive relief from Defendants Fischer, Wright, Lee, and Franco. In addition, as Plaintiff failed to complete service of the Amended Complaint on Officer B. Hotaling and Officer Beach y, all claims are dismissed as to them for failure to prosecute. Finally, all claims are dismissed as to the John Doe defendants, as the Amended Complaint does not include any allegations with respect to them. The Clerk of Court is directed (1) to terminate Defendants Hotaling and Beachy and all John Doe Defendants; (2) to terminate Docket No. 37; and (3) to mail a copy of this Opinion and Order to Plaintiff. (Signed by Judge Jesse M. Furman on 4/5/2013) (tro)
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