Middlebrooks v. Brandt et al
| Curtis Middlebrooks |
| M Brandt, Swkawnoa, Berry, Gregg, Page, Victor, Lowinski and Brown |
| 1:2015cv01054 |
| December 14, 2015 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Erie |
| 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
69
DECISION AND ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 65 . Defendants' motion for summary judgment 57 is granted. The Clerk of Court shall take all steps necessary to close the case. A copy of the Deci sion and Order along with this entry have been mailed to Curtis Middlebrooks, 00-B-1178, MOHAWK CORRECTIONAL FACILITY, Box 8451, Rome, NY 13440. SO ORDERED. Signed by Hon. Richard J. Arcara on 3/21/2018. (LAS)-CLERK TO FOLLOW UP-
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Filing
40
DECISION AND ORDER: The Court does not adopt the recommendation of the April 17, 2017 Report and Recommendation 36 that denial of Plaintiff Middlebrooks' third grievance was final on April 9, 2012. The Court otherwise adopts upon clear error review the recommendation that genuine issues of material fact preclude a grant of summary judgment on statute of limitation grounds, at this time, regarding the parties' dispute whether Plaintiff mailed the Complaint on November 2, 2015, or later. Defendants' second motion for summary judgment pursuant to Fed. R. Civ. P. 56(a) on statute of limitations grounds 24 is therefore denied. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/12/17. (LAS)
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Filing
22
DECISION AND ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 17 . Defendants' motion for summary judgment 8 is granted as to claims arising under the first and second grievances, and denied as to claims arising under the third grievance. The action is recommitted to Magistrate Judge Scott for further proceedings. A copy of this entry and Decision and Order has been mailed to Curtis Middlebrooks, 00-B-1178, MOHAWK CORRECTIONAL FACILITY, Box 8451, Rome, NY 13440. SO ORDERED. Signed by Hon. Richard J. Arcara on 2/1/17. (LAS)
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