Stewart v. Annucci et al
| Chance Nathaneal Stewart |
| Anthony J. Annucci, Michael Sheahan and Blaine Swartz |
| 1:2017cv00771 |
| August 9, 2017 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Chemung |
| Frank P. Geraci |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
24
DECISION AND ORDER denying 23 Motion for Default Judgment. The Court has directed the Pro Se Office to contact Michael Russo, Assistant General in Charge, Buffalo Regional Office, in an effort to serve Swartz.SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/6/2019. A copy of the NEF and Decision and Order were mailed to Plaintiff. (AFM)
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Filing
15
DECISION AND ORDER. Plaintiff's First Amendment religious discrimination claim shall proceed to service against Defendant Swartz in his personal capacity, and the remaining claims are dismissed with prejudice for the reasons stated. Plaintiff� 39;s 14 Motion to Appoint Counsel is denied without prejudice. The Clerk of Court is directed to terminate Defendant Sheahan as a party to this action and to cause the United States Marshal Service to serve copies of the Summons, Second Amended C omplaint, and this Order upon Defendant Swartz without Plaintiff's payment with unpaid fees to be recoverable if this action terminates by monetary award in Plaintiff's favor. The Clerk of Court will forward a copy of this Order to Michael Russo, Assistant General in Charge, Buffalo Regional Office at Michael.Russo@ag.ny.gov. Defendant is directed to respond to the Second Amended Complaint upon service. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/29/2018. (Copy of this Order mailed to pro se Plaintiff and electronically sent to Michael Russo.) (NRE)
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