Diaz v. Goord et al
| 6:2004cv06094 |
| March 8, 2004 |
| US District Court for the Western District of New York |
| Rochester Office |
| Marian W. Payson |
| Charles J. Siragusa |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
129
DECISION AND ORDER granting in part and denying in part 126 Motion for Reconsideration re 127 MOTION for Reconsideration filed by Frederick Diaz, 126 MOTION for Reconsideration filed by Frederick Diaz ; denying 127 Motion for Reconsi deration. the Court grants Plaintiffs motion for reconsideration filed on February 16, 2012, ECF No. 126. In that regard, the Court recognizes that Plaintiff has plead a cause of action for retaliation against defendants Conway, James and Simmons und er the First Amendment. However, the Court dismisses without prejudice the retaliation claim against Simmons for failure to exhaust, 42 U.S.C. 1997e(a), and does not address whether the retaliation claim against Conway and James has been exhausted. F urther, the Court denies Plaintiffs motion for reconsideration filed on June 6, 2012, ECF No. 127, in its entirety, finding that Judge Paysons discovery rulings are neither clearly erroneous, nor contrary to law. It appears to the Court that discover y has closed and this case is ready for trial. Both sides have demanded a jury trial. Accordingly, the Court will schedule a conference to set a trial date and will then issue a separate pretrial order.Signed by Hon. Charles J. Siragusa on 6/25/13. (KAP)
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Filing
123
DECISION AND ORDER denying 121 Motion for Reconsideration rfiled by Frederick Diaz. Signed by Hon. Charles J. Siragusa on 11/30/11. (KAP)
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Filing
119
DECISION AND ORDER granting 99 defendants' Motion for Summary Judgment; denying 106 plaintiff's Motion for Summary Judgment. Plaintiffs cross-motion (Docket No. 106) is denied, and Defendants motion (Docket No. 99) is granted on the ground that Plaintiffs lawsuit is barred by the Rooker-Feldman doctrine. The Clerk is directed to enter judgment for Defendants and close this case.Signed by Hon. Charles J. Siragusa on 9/29/10. (KAP)
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Filing
115
DECISION & ORDER denying 114 Motion for Reconsideration of the Court' 9/25/2007 Decision & Order. Signed by Hon. Marian W. Payson on 7/1/2010. (KAH)
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