Wells v. Evans et al
| Sheldon Wells |
| Evans, K. Khulman, Jerry Jones, Michael Smith, Jeffrey Mroz, T. Westlake, David Walburn, Joseph Tozzi, Leona Deming, John Doe and Helene Tomberelli |
| 6:2015cv06094 |
| February 20, 2015 |
| US District Court for the Western District of New York |
| Rochester Office |
| Erie |
| Charles J. Siragusa |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
31
-CLERK TO FOLLOW UP-DECISION AND ORDER granting 16 Motion for Summary Judgment. Defendants motion for summary judgment [#16] is granted. The procedural due process claim is dismissed with prejudice. The remaining claims are dismissed without pre judice, for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a). The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a), that any appeal from this Order would not be taken in good faith and leave to appeal t o the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal in forma pauperis should be directed on motion to the United States Court of Appeals for the Second Circuit in a ccordance with Rule 24 of the Federal Rules of Appellate Procedure. The Clerk of the Court is directed to terminate this action.Signed by Hon. Charles J. Siragusa on 3/2/16. Copy of this Decision and Order and NEF mailed to pro se plaintiff at Marcy Correctional Facility. (KAP)
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