Ruggiero v. Canfield et al
| Anthony Ruggiero |
| Wesley K. Canfield, Benjamin A. Oakes, Jeremy Clement, Thomas Griffin, Daniel J. Chapman, Shawn D. Pierson, Louis E. Tillinghast, Thomas LaValley, Kang Maeng Lee, . John Doe, Carl J. Koenigsmann, E Clarke and John Doe(s) |
| 1:2014cv00307 |
| April 24, 2014 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Chemung |
| Richard J. Arcara |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
123
DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's 113 Report and Recommendation. Defendants' motion for summary judgment pursuant to Fed. R. Civ. P. 56 94 is granted with respect to defendants Canfield, Oakes and Clement. The Clerk shall enter Judgment in favor of all defendants and take the steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/18/2021. (LAS)-CLERK TO FOLLOW UP-
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Filing
122
ORDER denying 114 Plaintiff's Motion for Reconsideration re 113 REPORT AND RECOMMENDATIONS re 94 MOTION for Summary Judgment filed by Benjamin A. Oakes, Louis E. Tillinghast, Daniel J. Chapman, Jeremy Clement, Shawn D. Pierson, Wesley K. Canfield, 108 and to Enlarge Time Limit to Substitute a Party filed by Anthony Ruggiero. Signed by Hon. Leslie G. Foschio on 12/22/2020. (TAH)
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Filing
60
DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation 53 . For the reasons set forth in Magistrate Judge Foschio's Report and Recommendation, the Plaintiff's claims against the following Defendant s are dismissed: Defendants Koenigsmann, Griffin, LaValley, Whalen, Dinello, Lee, Strenio, Clarke, Johnson, Chapman, Pierson, and Tillinghast. Claims against Defendants Clarke and Strenio are dismissed for lack of supplemental jurisdiction pursuant t o 28 U.S.C. § 1367(a). Claims against Defendants Clarke and Strenio are dismissed without prejudice. See 28 U.S.C. § 1367(d). Claims against Defendants Koenigsmann, Griffin, LaValley, Whalen, Dinello, Lee, Johnson, Chapman, Pierson, and Til linghast are dismissed for the reasons explained in Judge Foschio's Report and Recommendation. For the reasons stated in Judge Foschio's Report and Recommendation, the Plaintiff's claims against Defendants Koenigsmann, Griffin, LaValle y, Whalen, Dinello, and Lee are dismissed with prejudice. The Plaintiff's claims against Defendants Tillinghast, Pierson, and Chapman are dismissed without prejudice. The Plaintiff may file, within 30 days of the entry of this Decision and Order , an amended complaint re-alleging his Eighth Amended deliberate indifference claims against Defendants Tillinghast, Pierson and Chapman. A copy of the Decision and Order, and this entry, have been mailed to Anthony Ruggiero, 99-A-4419, ELMIRA CORRECTIONAL FACILITY, PO Box 500, 1879 Davis St., Elmira, NY 14901-0500. SO ORDERED. Signed by Hon. Richard J. Arcara on 11/3/2017. (LAS)-CLERK TO FOLLOW UP-
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