Freeman v. Kirisits et al
| Dwayne Freeman |
| Christopher Kirisits, Phil Griffin, Colomba Misseritti, Doug Lee, Cynthia Crowell, Linda Gray, Lidia Colak, Thomas Rinaldo, Andrew Cuomo and Rochester Psychiatric Center |
| 6:2016cv06668 |
| October 11, 2016 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| Michael A. Telesca |
| Other Civil Rights |
| 28 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
165
DECISION AND ORDER finding as moot 117 Motion to Compel; finding as moot 117 Motion for Sanctions; finding as moot 123 Motion ; denying 134 Motion to Vacate ; finding as moot 148 Motion ; finding as moot 155 Motion to Compel; finding as moot 158 Motion ; adopting Report and Recommendations re 159 Report and Recommendations. Signed by Hon. Michael A. Telesca on 9/24/2018. (Clerk to close case.) (JMC)-CLERK TO FOLLOW UP-
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Filing
164
DECISION AND ORDER that the Court adopts the Report and Recommendation portion of the D&O-R&R (Docket No. 154), recommending that Plaintiffs Motion to Amend (Docket No. 84) be denied to the extent that Plaintiff not be permitted to assert proposed Co unts 1-24, 27-29, 31-33, and 35-54, and not be permitted to add the Justice Center, Rinaldo, Gelernter, Scott, Ronda, NYS Justice Center Officer, B.E.R. Field Agent, and B.E.R. Director as defendants. However, the Court finds that the First Amended C omplaint (Docket No. 161) does not survive screening under the PLRA. Therefore, it is dismissed with prejudice without leave to replead. The Clerk of Court is directed to terminate the Motion to Amend (Docket No. 84). (Copy of this Decision and Order sent by first class mail to Plaintiff.) Signed by Hon. Michael A. Telesca on 9/21/2018. (JMC)-CLERK TO FOLLOW UP-
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Filing
75
DECISION & ORDER denying without prejudice 53 Motion to Appoint Counsel. It is plaintiff's responsibility to retain an attorney or press forward with this lawsuit pro se. Signed by Hon. Marian W. Payson on 12/7/2017. Copy of this Decision & Order sent by First Class Mail to plaintiff Dwayne Freeman on 12/7/2017 to his address of record. (KAH)
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Filing
43
DECISION AND ORDER granting 25 Motion to Modify; denying 23 Motion to Amend or Correct; denying 24 Motion for reconsideration. Signed by Hon. Michael A. Telesca on 5/18/17. (Copy of this Decision and Order sent by first class mail to Plaintiff.) (JMC)
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Filing
22
DECISION & ORDER Plaintiff's motion to halt all scheduling proceedings in this matter 21 is denied. Signed by Hon. Marian W. Payson on 3/3/2017. Copy of Decision & Order sent by First Class Mail to plaintiff Dwayne Freeman on 3/3/2017. (KAH)
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Filing
17
DECISION AND ORDER granting in part and denying in part 9 Motion to Dismiss for Failure to State a Claim as follows: (1) The defendants motion to dismiss plaintiffs due process claims is granted; (2) The defendants motion to dismiss plaintiffs eq ual protection claim is granted; (3) The defendants motion to dismiss plaintiffs employment discrimination claim pursuant to § 504 of the Rehabilitation Act in favor of all individual defendants is granted but is denied against defendant Rochest er Psychiatric Center only; (4) The Court denies as moot plaintiffs motion for a temporary restraining order (Docket No. 3), which arises out of the due process claims that are dismissed by this Court for the reasons stated in this Decision and (5) T he Court grants defendants motion to dismiss the complaint in all other respects. The Clerk of Court is further directed to amended the caption in this case to reflect the sole remaining defendant, Rochester Psychiatric Center, for purposes of the r emaining cause of action under § 504 of the Rehabilitation Act of 1973. Signed by Hon. Michael A. Telesca on 2/6/2017. Copy of this Decision and Order sent by first class mail to Plaintiff. (JMC)-CLERK TO FOLLOW UP-
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