Rogers v. Artus et al
| Eric Rogers |
| D. Artus, J. Kruger, A. Blanar, J. Myers, T. McCann, G. Barlow, Bobo, Michienzi and R. McKinay |
| 1:2013cv00021 |
| January 9, 2013 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Chemung |
| Jeremiah J. McCarthy |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
282
DECISION, ORDER AND NOTICE: For the reasons set forth in the attached Decision and Order, Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 259 is adopted in part as follows: The motions for summary judgment pursuant to Fed. R. Civ. P. 56(a) of defendants Myers 207 , and Barlow-Harper 208 are denied; the motion for summary judgment of defendant Artus 206 is granted in part and denied in part; and the motions for partial summary judgment of defendants Michienzi 203 and McCann 205 are denied. Further briefing shall be submitted consistent with the deadlines set forth in the Decision and Order, and Oral Argument on the issues raised in the Court's Fed.R.Civ.P. 56(f)(3) notice is set for 6/3/2019 at 1:30 PM before Hon. Richard J. Arcara. On 6/3/19, the parties shall also be prepared to set dates for further proceedings, including a bench trial. SO ORDERED.. Signed by Hon. Richard J. Arcara on 5/3/2019. (LAS)
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Filing
196
DECISION AND ORDER denying 194 Motion for Reconsideration. Signed by Hon. Jeremiah J. McCarthy on 2/3/17. (DAZ)
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Filing
174
DECISION AND ORDER: For the reasons in the attached Decision and Order, Plaintiff's request for an order directing the OAG to identify the documents underlying its conflict is denied. Any appeal of Magistrate Judge McCarthy's Decision and Order 155 must be filed within seven days of the date of this Decision and Order. SO ORDERED. Signed by Hon. Richard J. Arcara on 11/10/16. (LAS)
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Filing
4
ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying without prejudice 3 Motion to Appoint Counsel. Further, that the claim against Superintendent D. Artus is dismissed with prejudice and the Clerk of Court is directed to te rminate D. Artus as a party to this action. Further, the Clerk of Court is directed to file plaintiff's papers and to cause the U.S. Marshal to serve copies of the summons, complaint and this Order upon J. Kruger, A. Blanar, J. Myers, T. McCann , G. Barlow, Bobo, Michienzi and McKinay without plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in plaintiff's favor. Further, the Clerk of Court is directed to forward a copy of this Order by email to Michael Russo, Assistant Attorney General (Buffalo); Further, defendants are directed to respond to the complaint. Signed by Hon. John T. Curtin on 9/11/13. (DZ)
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