Joseph v. Fischer et al
| Rodney Joseph |
| Brian Fischer, Maureen Boll, Anthony J. Annucci, William M. Gonzalez, Lucien J. LeClaire, Mark J. Leonard, Omega B. Alston, Karen Bellamy, John/Jane Doe, James Conway, Paul Chappius, Jr., Sandra Dolce, Michelle Woeller, Rosealind Rosolowski, George Strubel, Mark Janes, John Roach, Nelson Riener, Peter Corcoran, David D. Adamy, William Dunford, Shawn MacIntyre, David Fix and John Doe |
| 6:2009cv06428 |
| August 24, 2009 |
| US District Court for the Western District of New York |
| Rochester Office |
| Wyoming |
| David G. Larimer |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
48
ORDER granting in part and denying in part defendants' 32 motion for judgment on the pleadings. Defendants' motion is granted as to all of plaintiff's claims, and all of plaintiff's claims are dismissed, except for his claims f or injunctive and other prospective equitable relief under the Free Exercise Clause of the First Amendment and the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"), which may proceed only against defendant Brian Fischer, the Commissioner of DOCCS, in his official capacity. In all other respects, defendants' motion is denied. Signed by Hon. David G. Larimer on 10/24/12. (EMA)
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Filing
8
DECISION AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying 3 Motion to Appoint Counsel and denying 4 Motion for TRO. Plaintiff is granted leave to file an amended complaint by 12/9/09 as directed in the order. The Cle rk of the Court is directed to send the plaintiff a copy of the original and supplemental complaints,a blank § 1983 Complaint form and the instructions for preparing an Amended Complaint, together with this Order. In the event the plaintiff fail s to file an Amended Complaint as directed by 12/9/09,the § 1983 Claims against any of the Defendants Fischer, Boll, Gonzalez, LeClarie, Alston, Bellamy, Strubel, Janes and Roach for whom Plaintiff has not alleged personal involvement will be di smissed without further order of the Court. The Clerk is then directed to cause the US Marshal to serve copies of the Summons, Complaint, Supplemental Complaint and this Order on the named Defendants without Plaintiff's payment therefor, unpaid fees to be recoverable it the action terminates by monetary award in Plaintiff's favor. Pursuant to 42 U.S.C. §1997e (g)(2), the Defendants are directed to answer the Complaint. Signed by Hon. Charles J. Siragusa on 11/05/09. (RE)
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