Tolliver v. Skinner et al
| Eric Tolliver |
| J. Skinner, Lynn Lilley, Patrick Griffin, Brian Fischer, Prack Albert, D. Vennettozzi and L. Malin |
| 1:2012cv00971 |
| February 6, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Franklin |
| Unassigned |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
218
MEMORANDUM & ORDER: for 211 Report and Recommendations, 160 Motion for Summary Judgment filed by Eric Tolliver, 170 Motion for Summary Judgment filed by Patrick Griffin, D. Vennettozzi, Prack Albert, Coveny, Tad Levac, L. Malin, Lyn n Lilley, Albert Prack. Having conducted the appropriate levels of review of the Report and Recommendation of United States Magistrate Judge Fox dated September 19, 2016, this Court REJECTS the Reports conclusion that Defendant Levac is not entitle d to qualified immunity on the claim that he conducted the hearing outside of Plaintiffs presence. The Court APPROVES, ADOPTS, and RATIFIES the Reports remaining recommendations and conclusions, but MODIFIES the Reports legal reasoning with respect to the qualified immunity claims raised by Defendants Malin, Levac, Venettozzi, and Prack in their Objections. Accordingly, Plaintiffs Motion for Summary Judgment is DENIED in part and GRANTED in part, and Defendants Motion for Summary Judgment is DENIED in part and GRANTED in part. The Court will notify the Parties of the next step in this action shortly. (Signed by Judge Deborah A. Batts on 03/13/2017) (ap)
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Filing
142
MEMORANDUM AND ORDER re: 104 Report and Recommendations, 133 Report and Recommendations. Having conducted the appropriate levels of review of the Reports of United States Magistrate Judge Kevin Nathaniel Fox dated October 24, 2014 and Februa ry 19, 2015, the Court APPROVES, ADOPTS, and RATIFIES each Report in its entirety. Accordingly, Plaintiff's Motion for Judgment by Default against Defendant Prack is DENIED; Defendant Prack's Motion to Dismiss the Supplemental Complaint is DENIED; and the Motion to Dismiss the Supplemental Complaint filed by Defendants Levac and Coveny is also DENIED. Further, the Clerk of Court is respectfully directed to TERMINATE without prejudice as premature Plaintiff's Motion for Summary Judgment at ECF No. 117. (As further set forth in this Order.) (Signed by Judge Deborah A. Batts on 9/25/2015) (kgo)
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Filing
132
REPORT AND RECOMMENDATION. For the reasons in this Report and Recommendation, I recommend that the defendants' motion to dismiss, Docket Entry No. 79, be denied. re: 79 MOTION to Dismiss Supplemental Complaint filed by Coveny, Tad Levac. Objections to R&R due by 3/9/2015. (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/19/2015) Copies Mailed By Chambers. (rjm).
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Filing
37
ORDER ADOPTING REPORT AND RECOMMENDATION for 30 Report and Recommendation: Having conducted the appropriate levels of review of theReport and Recommendation of United States Magistrate JudgeKevin Nathaniel Fox dated February 11, 2013, the Court APP ROVES, ADOPTS, and RATIFIES the Report in its entirety. Accordingly, Plaintiff's Motion for Summary Judgment is DENIED WITHOUT PREJUDICE, and Defendants' Motion to Dismiss is GRANTED in part and DENIED in part. The Court DISMISSES Plaintiff 's official capacity claims for damages, his claim based on the issuance of an allegedly false misbehavior report, his retaliation claims against Defendants C.O. J. Skinner and D.S.A. Lynn Lilley, andall claims against Commissioner Brian Fischer and Director ofS.H.U. Albert Prack. (Signed by Judge Deborah A. Batts on 3/18/2013) (ago)
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