Barker v. New York State Department of Corrections et al
| Marc Barker |
| New York State Department of Corrections, B. Smith, J. Osinski, Limaye and Elswerekwu |
| 1:2016cv00076 |
| January 4, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Dutchess |
| Nelson Stephen Roman |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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| Document Text |
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Filing
58
ORDER AND OPINION for 57 Report and Recommendations. This Court agrees. Having found no clear error, the Court adopts the R & R, and the complaint is dismissed for failure to prosecute. For the reasons stated above, the Court adopts MJ Davis on's R & R in its entirety. Plaintiff's complaint is dismissed. The Clerk of Court is directed to terminate the case, to mail a copy of this Opinion to Plaintiff, and to show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/24/2018) (rj)
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Filing
27
OPINION AND ORDER re: 21 MOTION to Dismiss the Complaint. filed by Limaye, Elswerekwu, J. Osinski. The Defendants' motion to dismiss is GRANTED in part and DENIED in part. Only Plaintiff's procedural due process and fede ral false imprisonment claims against DSR Smith remain. Defendants' Counsel is directed to submit a completed Scheduling Order to the Court (see attached). The Clerk of Court is directed to mail a copy of this Opinion to pro se Plaintiff at t he address reflected on the docket, and to amend the caption to reflect that Defendant Elswerekwu's surname is should be spelled "Ekwerekwu." The Clerk of Court is also respectfully directed to terminate the motion at ECF No. 21. So Ordered. (Signed by Judge Nelson Stephen Roman on 8/24/17) (yv)
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