Ciaprazi v. Fischer et al
| Roberto Ciaprazi |
| Brian Fischer, Daniel F. Martuscello, III, Joseph F. Bellnier, Michael Capra, W. Keyser, W. Winship, Brian D. Kelly, R. Brereton, V. George, D. McCants, W. Ramos, A. McKenzie, J. Briggs, J. Harvey, J. Miller, N. Stewart, Paul O'Brian, P. Lopes and Juni Dawkins |
| 1:2013cv04967 |
| July 16, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| William H. Pauley |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
195
ORDER for 153 Motion for TRO filed by Roberto Ciaprazi, 190 Report and Recommendations, 150 Motion for TRO filed by Roberto Ciaprazi: Careful review of the Report reveals that there is no facial error in its conclusions. The R &R is ADOPTED in full, and Plaintiff's motion is DENIED. Because Petitioner filed no written objections to the R&R and because the R&R expressly warned that the failure to file timely objections may result in the waiver of any such objections, appellate review of this decision is precluded. See Fed.R.Civ.P. 72; Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir.1989). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this ruling would n ot be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of the Court is respectfully directed to terminate docket entries 150 and 153. The Clerk of the Court is further directed to mail a copy of this Order to Plaintiff and to note service on the docket. (Signed by Judge Valerie E. Caproni on 1/4/2016) (tn)
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Filing
145
ORDER adopting 138 Report and Recommendations, 91 Motion to Dismiss, filed by J. Miller, Brian D. Kelly, Joseph F. Bellnier, A. McKenzie, P. Lopes, Juni Dawkins, N. Stewart, Michael Capra, W. Ramos, Brian Fischer, V. George, R. Brereton, Paul O'Brian, D. McCants, W. Keyser, J. Harvey, Daniel F. Martuscello, III, W. Winship, J. Briggs. For the reasons set forth above, the R&R is ADOPTED in full except that the thirteenth cause of action is dismissed as again st Fischer. Ciaprazi's first, second, fifth, tenth, thirteenth, fourteenth, sixteenth, and twenty-first causes of action are dismissed as against Fischer only; Ciaprazi's twenty-second, twenty-third, and twenty-fourth causes of action a re dismissed as against all defendants. No later than April 27, 2015, Ciaprazi may file a second amended complaint in order to allege Fischer's personal involvement in the alleged violations of Ciaprazi's constitutional rights. Amendme nts after that time will only be permitted with good cause shown. The Clerk of the Court is respectfully directed to terminate defendant Brian Fischer from the case and to terminate Dkt. 91. The Clerk of the Court is further directed to mail a copy of this Order to Plaintiff and to note service on the docket. (Signed by Judge Valerie E. Caproni on 3/24/2015) (mro)
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