Neal v. Byrne et al

Neal v. Byrne et al

Case Number:	6:2006cv06250
Filed:	May 23, 2006
Court:	US District Court for the Western District of New York
Office:	Rochester Office
Presiding Judge:	Charles J. Siragusa
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	None

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Date Filed	Document Text
October 7, 2009	Filing 37 DECISION AND ORDER granting in part and denying in part 29 Motion for Summary Judgment. The claim against C.O. Henry is dismissed without prejudice. Defendants motion for partial summary judgment [#38] is granted in part and denied in part. In th at regard, Defendants are granted summary judgment as to all claims, except the retaliation claim against Byrne and Poole. The Clerk of the Court is directed to enter judgment for Goord, Omar, McLaughlin, and Weingartner. Byrne and Poole are grante d summary judgment as to compensatory damages, and Plaintiffs demand for such damages is dismissed.Based upon Plaintiffs failure to contest the summary judgment motion, as well as the fact that the Court has heard nothing from Plaintiff since April 2 008, it is unclear whether Plaintiff has abandoned this action. Accordingly, Plaintiff is Ordered to Show Cause, pursuant to Local Rule of Civil Procedure 41.2, in writing on or before October 23, 2009, why this action should not be dismissed for failure to prosecute. If Plaintiff fails to comply with this direction, the Court will dismiss this action. Signed by Hon. Charles J. Siragusa on 10/7/09. (KAP)

Date Filed

Document Text

October 7, 2009

Filing 37 DECISION AND ORDER granting in part and denying in part 29 Motion for Summary Judgment. The claim against C.O. Henry is dismissed without prejudice. Defendants motion for partial summary judgment [#38] is granted in part and denied in part. In th at regard, Defendants are granted summary judgment as to all claims, except the retaliation claim against Byrne and Poole. The Clerk of the Court is directed to enter judgment for Goord, Omar, McLaughlin, and Weingartner. Byrne and Poole are grante d summary judgment as to compensatory damages, and Plaintiffs demand for such damages is dismissed.Based upon Plaintiffs failure to contest the summary judgment motion, as well as the fact that the Court has heard nothing from Plaintiff since April 2 008, it is unclear whether Plaintiff has abandoned this action. Accordingly, Plaintiff is Ordered to Show Cause, pursuant to Local Rule of Civil Procedure 41.2, in writing on or before October 23, 2009, why this action should not be dismissed for failure to prosecute. If Plaintiff fails to comply with this direction, the Court will dismiss this action. Signed by Hon. Charles J. Siragusa on 10/7/09. (KAP)

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