Acevedo v. Fischer et al
| Francisco Acevedo |
| Brian Fischer, William A. Lee, John T. Geiss, Tim Ward, Sonny Serrano, P. O'Halloran, M. Quinion, Vasquez, Henschel, D., Knapp, Leahy, Batiell, ?? P.S.U. Unit Chief, K. O'Conner, N.Y. State Police Bldg. 22, Office of the N.Y.S. Inspector General, R. Fischer, Thomas B. Healy, L. Gorbon and John Does |
| 1:2012cv06866 |
| September 10, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Warren |
| Unassigned |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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Filing
215
OPINION & ORDER: The Court has reviewed the remainder of the Report and finds no clear error. For the reasons stated above, it is hereby: ORDERED that the Court adopts Judge Peck's Report in its entirety. The Clerk of Court is respectfully dir ected to terminate the motions pending at docket numbers 170, 173, and 180. IT IS FURTHER ORDERED that a telephone conference is hereby scheduled for March 25, 2016 at 3 p.m. The Court will issue a separate order to arrange Plaintiff's participation in the conference. (As further set forth in this Order.) (Telephone Conference set for 3/25/2016 at 03:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 3/2/2016) (cf)
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Filing
133
OPINION AND ORDER re: 93 MOTION to Dismiss Second Amended Complaint filed by Tim Ward, 98 MOTION to Dismiss filed by El Hadji Gueye, McDonahue, Ely, Russo, Buntz, DeDazizo, Glass, Long, C. Karson, William A. Lee, La Frese, Pushpa Patil, Jordon, Brian Fischer, Batiell, Lyons, Gardiner, Warrington, Patrick J. Griffin, Henschel. As set forth within, Defendants' motions to dismiss are granted in part and denied in part. Specifically, all of P laintiff's claims against all Defendants - with the exception of his First Amendment interference with mail claims against Defendants Geiss, Lee, and Warrington - are dismissed. The Court also declines to dismiss the First Amendment mail monitor ing claim against Serrano, at least at this stage. Consistent with the accompanying Order, Acevedo shall submit the appropriate forms in order to effect service upon Serrano. Additionally, by way of separate Order, the Court is referring the case to Magistrate Judge Dolinger for General Pretrial. The Clerk of Court is respectfully requested to close the motions pending at docket numbers 93 and 98, and to terminate all Defendants from the case with the exception of Defendants Lee, Geiss, Serrano, and Warrington. SO ORDERED. (See Order.) (Signed by Judge Ronnie Abrams on 9/29/2014) (ajs)
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