Feelings v. Stukes et al
| Earl Briston Feelings |
| Kenneth Stukes, Walker, Owens, Phillips, Johnson, Griffith and The City of New York |
| 1:2015cv01889 |
| March 10, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| J. Paul Oetken |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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| Document Text |
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Filing
72
OPINION AND ORDER: re: 58 MOTION for Summary Judgment filed by Walker, Johnson, Kenneth Stukes, Owens, Griffith. For the foregoing reasons, Defendants' motion for summary judgment is DENIED. The Clerk of Court is directed to close the motion at Docket Number 58. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/21/2017) Copies Mailed By Chambers. (ama)
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Filing
44
OPINION AND ORDER: re: 24 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by The City of New York, Johnson, Kenneth Stukes, Owens, Griffith. For the foregoing reasons, Defendants' motion to dismiss is GRAN TED in part and DENIED in part. Defendants' motion to dismiss for failure to allege a violation of his constitutional rights, failure to exhaust administrative remedies, and on the basis of qualified immunity is DENIED. Defendants' motion t o dismiss the City of New York for failure to state a Monell claim is GRANTED. The remaining Defendants shall answer the complaint on or before June 13, 2016. Thereafter, the parties shall engage in discovery for a period of 60 days on the limited qu estion of whether Feelings has met the requirements for exhaustion under the PLRA. At the close of discovery, Defendants may move for summary judgment on the subject of exhaustion. Following the resolution of such a motion, discovery on the other issues in this matter may proceed if appropriate. The Clerk of Court is directed to close the motion at Docket Number 24. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/23/2016) Copies Mailed By Chambers. (ama)
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