Smith v. Donaher et al
| Sheawn Smith |
| James L. Riotto, Maija Dixion, Stephen Miller, Gary Clark, Timothy Donaher, Wedade Abdallah, Jennifer Morgan, Harling, Francis A. Affronti and Leah R. Meruine |
| 6:2012cv06035 |
| January 18, 2012 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| Marian W. Payson |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
33
-CLERK TO FOLLOW UP-DECISION AND ORDER denying 29 Motion for Reconsideration re 29 MOTION for Reconsideration re 27 Order on Motion for Default Judgment, filed by Sheawn Smith, 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ronald Harling, Patrick M. O'Flynn, John Lapira, 14 MOTION to Dismiss filed by Thomas A. Beilein, 30 MOTION for Summary Judgment filed by Sheawn Smith, 18 MOTION to Appoint Counsel filed by Sheawn Smith ; finding as moot 30 Motion for Summary Judgment; granting 14 Motion to Dismiss; granting 16 Motion to Dismiss for Failure to State a Claim; finding as moot 18 Motion to Appoint Counsel. Plaintiffs Motion for Default Judgment, ECF No. 15, is denied in its entir ety, Plaintiffs Motion for Reconsideration, ECF No. 29, is denied, and Defendants' motions to dismiss, ECF Nos. 14 & 16, pursuant to Federal Rule of Civil Procedure 12(b)(6) are granted. Plaintiff failed to plead adequate facts to state a claim that plausibly entitles him to relief. The remaining motion for summary judgment, ECF No. 30, and motion to appoint counsel, ECF No. 18, are denied as moot. The Clerk is directed to enter judgment for Defendants and close this case.Signed by Hon. Charles J. Siragusa on 6/10/13. (KAP)
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Filing
27
DECISION AND ORDER denying 15 Motion for Default Judgment. IT IS FURTHER ORDERED, that Defendant Beilein provide the Court, not later than November 1, 2012, with evidenced showing that his motion to dismiss, which he filed on August 3, 2012, was timely, and it is further ORDERED, that defendant Beilein's failure to provide the Court with evidence that his motion to dismiss was timely may result in an entry of a default.Signed by Hon. Charles J. Siragusa on 10/19/12. (KAP)
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