Smalls v. Rathbum et al
| Dwight Smalls |
| Dellivan Rathbum, Richard Taylor, George Watts, Brian Harkness, Candice Baker and Gregory Keller |
| 6:2016cv06503 |
| July 20, 2016 |
| 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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The following documents for this case are available for you to view or download:
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Filing
55
DECISION AND ORDER: The Court DENIES Defendants' 43 Motion for Summary Judgment as to Plaintiff's excessive force claim but otherwise GRANTS the motion as to all other claims, which are dismissed with prejudice. The Clerk of Court is dir ected to terminate Defendants Baker and Keller as parties to this action. By separate order, the Court will schedule this matter for a status conference.SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/11/2019. A copy of the NEF and this Decision and Order have been mailed to Plaintiff. (AFM)-CLERK TO FOLLOW UP-
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Filing
46
DECISION AND ORDER denying 45 Motion to Appoint Counsel. In the interests of justice, however, the Court will extend Plaintiff's time to respond to Defendants' motion for summary judgment. Plaintiff's response is now due by January 28, 2019, and Defendants may file a reply within 15 days after Plaintiff files his response. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/4/2019. A copy of the NEF and order have been sent to the pro se Plaintiff. (MFM)
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Filing
25
DECISION AND ORDER: Defendants' Motion to Dismiss 13 is GRANTED as to Plaintiff's official capacity, retaliation, and religious discrimination claims and is DENIED as to his due process claim. Plaintiff must file a written response wi thin 30 days of the date this Order stating that he: (1) withdraws his due process claim; or (2) forever waives any challenge to the disciplinary sanctions affecting the duration of his confinement. If Plaintiff does not respond to this Order within 30 days, his due process claim will be dismissed without prejudice in its entirety.SO ORDERED.A copy of this NEF and Decision and Order have been mailed to the pro se Plaintiff. Signed by Hon. Frank P. Geraci, Jr. on 12/19/2017. (AFM)
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