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13-6829 - Guzman v. Sposato et al


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13-6829 - Guzman v. Sposato et al
March 31, 2018
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MEMORANDUM & ORDER re 61 Motion for Summary Judgment. SO ORDERED that defendants' motion for summary judgment is denied on the issue of exhaustion and on plaintiff's claim that he was subjected to excessive force based on the alleged tight handcuffing and punches. Defendants' motion is granted on plaintiff's claims concerning the denial of toilet paper and verbal abuse. The Clerk of Court is directed to mail a copy of this order to plaintiff. The Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). Ordered by Judge Joan M. Azrack on 3/31/2018. (CM to pro se plaintiff) (Florio, Lisa)