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07-1193 - Fowlkes v. Rodriquez et al


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07-1193 - Fowlkes v. Rodriquez et al
November 7, 2008
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ORDER re 41 Motion to Dismiss. The motions to dismiss of the DOCS Defendants and defendants Steinhardt and Szady are granted. The County Defendants' motion to dismiss is granted in part and denied in part; only plaintiff's claim of retaliation as to the County Defendants' alleged interference with plaintiff's ability to prosecute Fowlkes v. Loveridge, No. 97-1503 (N.D.N.Y. filed Oct. 16, 1997), remains, as all other claims against the County Defendants are being dismissed. The motion to transfer venue to the Northern District of New York made by the remaining DCJS Defendants and made in the alternative by the County Defendants is granted. The Clerk of Court is directed to enter judgment accordingly and to transfer this case to the Northern District of New York. Ordered by Senior Judge Nina Gershon on 11/07/2008. (Lee, Donna)