Garrett v. Ask-Carlson et al
| Michael C. Garrett |
| K. Ask-Carlson, John Doe #1, John Doe #2, John Doe #3, John M. Banks, T. Rodriguez and John L. Norwood |
| 1:2015cv00723 |
| January 30, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Crotty |
| James C. Francis |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
40
OPINION AND ORDER re: 15 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief May Be Granted. filed by John L. Norwood, K. Ask-Carlson, John M. Banks, T. Rodriguez. Defendants' motion to dis miss is GRANTED IN PART, as to defendants Warden Ask- Carlson, Regional Director Norwood, and the unnamed defendants, and DENIED IN PART, as to defendants Officer Banks and Rodriguez. The Clerk is directed to terminate the motion at Docket No. 15. Referral to Magistrate Judge Francis is continued for further proceedings. (As further set forth in this Order), John Doe #2 (Administrative Coordinator Central Office), John Doe #3 (Administrative Coordinator Northeast Regional Office), John L. Norwood, K. Ask-Carlson and John Doe #1 (General Counsel) terminated. (Signed by Judge Paul A. Crotty on 2/3/2016) Copies Mailed By Chambers. (lmb)
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Filing
28
MEMORANDUM AND ORDER: Mr. Garrett shall inform the Court within 30 days of the date of this order which option he chooses. It is not sufficient for him to say, as he does in his opposition to the defendants' motion to dismiss, that he will giv e up his right to challenge the loss of his good time credits as long as the Court does not dismiss his other claims. (Plaintiff's Reply to Defendants' Motion to Dismiss Complaint at 3) Any waiver of his rights must be unequivocal and unconditional. Once he has chosen, I will decide whether further briefing is needed. (Signed by Magistrate Judge James C. Francis on 9/18/2015) Copies Mailed By Chambers. (tn)
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