Eider v. McCarthy et al
| Jarvis Eider |
| J. McCarthy, T. McIntyre, Ken. Kling, Albert Prack and Mark L. Bradt |
| 6:2014cv06216 |
| May 1, 2014 |
| US District Court for the Western District of New York |
| Rochester Office |
| Washington |
| Frank P. Geraci |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
94
DECISION AND ORDER denying 80 Motion for Summary Judgment; granting in part and denying in part 82 Motion for Summary Judgment. Plaintiffs motion for summary judgment [#80] is denied and Defendants cross-motion for summary judgment [#82] is gra nted in part, with respect to the federal claims under 42 U.S.C. § 1983, which are dismissed with prejudice. The state law claims are dismissed without prejudice pursuant to Correction Law § 24. The Clerk of the Court is directed to close this action. The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 3 69 U.S. 438 (1962). Further requests to proceed on appeal as a poor person should be directed, on motion, to the United States Court of Appeals for the Second Circuit, in accordance with Rule 24 of the Federal Rules of Appellate Procedure.Signed by Hon. Charles J. Siragusa on 6/23/17. Copy of this Decision and Order and NEF mailed to pro se plaintiff at WENDE CORRECTIONAL FACILITY, Box 1187, Alden, NY 14004-1187 (KAP)-CLERK TO FOLLOW UP-
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Filing
70
DECISION AND ORDER granting in part and denying in part 48 Motion to Dismiss. Defendants application for partial dismissal [#48] is granted in part and denied in part. The Eighth Amendment claim is dismissed, but Defendants application is otherwi se denied. Defendants are directed to file and serve an answer to the Amended Complaint within twenty days of the date of this Decision and Order. Defendants counsel is also directed to contact the chambers of the Honorable Jonathan W. Feldman, the United States Magistrate Judge to whom this case has been referred for all non-dispositive pretrial matters, and request a new scheduling order. Signed by Hon. Charles J. Siragusa on 9/8/15. Copy of this decision and order and NEF mailed to pro se plaintiff. (KAP)
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