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05-172 - LeBron v. Swaitek et al


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05-172 - LeBron v. Swaitek et al
September 26, 2006
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REPORT AND RECOMMENDATIONS. RECOMMENDED that 112 MOTION to Dismiss be GRANTED; RECOMMENDED that the amended complaint be DISMISSED without prejudice. Objections to R&R due by 10/11/2006 Case Review Deadline 10/16/2006. Signed by Judge David R. Homer on 9/26/06. (nas)
November 2, 2007
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MEMORANDUM-DECISION and ORDER, that Judge Homer's September 25, 2006 Report-Recommendation (dkt. no. 127) is accepted in part and rejected in part, that claims one, two, three, five and six are dismissed in their entirety; that the equal protection claims asserted in claims four and seven are dismissed; that the fourth amendment claims asserted in claims four and seven, if any, are dismissed; that the due process claim asserted in claim seven is dismissed; that the due process claim asserted in claim four is dismissed as to all defendants except L. LeClarie, Roy, Burke, McNulty, Goord. Selsky, Donelli, Racette, Annucci, Murphy, and McCoy, and that such dismissal is without prejudice as to mehrmann, Faulkner, McLaughton, Sanders, Ricks, LeFevre, and Pasquil, but is with prejudice as to all other defendants; that the defendants' motion to dismiss the first amendment retaliation claim asserted in claim four is DENIED as to all defendants except that the motion to dismiss the first amendment retaliation claim asserted in claim four is GRANTED as to defendants Woodroof, Olson, M. LeClaire, and Bushie; that the denial of access to courts claim asserted in claim seven is dismissed as to all defendants; that the defendants' motion to dismiss the first amendment claim of interference with outgoing mail asserted in claim seve is DENIED; that the defendants' motion to dismiss LBron's claims for injunctive relief is GRANTED. Signed by Judge Gary L. Sharpe on 11/2/2007. (Attachments: # (1) Judge Homer's Report-Recommendation) (jel, )
March 19, 2008
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DECISION and ORDER, that plaintiff's motion (Dkt. No. 136) for an order of this Court directing defendants' counsel to disclose addresses of the individuals not served or to accept service on their behalf is denied; that plaintiff's request (Dkt. No. 136) for an order of this Court directing defendants' counsel to ascertain and disclose addresses of the individuals referred to in the complaint as John Doe #6 and John doe #8 is denied; that plaintiff's request for discovery (Dkt. No. 136) is denied; that the following pretrial deadlines are reset: discovery is to be completed by May 30, 2008; motions to compel are to be filed by June 30, 2008; and dispositive motions are to be filed by August 29, 2008; that the Clerk send a copy of this Order to DOCS General Counsel. DOCS Counsel is requested to advise the Clerk of the current employment status of defendants Thomas Ricks, Thomas C. Sanders, Kevin L. McLaughlin, Sgt. Sorenzon, Capt. Faulkner, John Mehrmann, C.C. Pasquil and M. LeFevre; that upon receipt of the requested information from DOCS General Counsel, the Clerk shall reissue summonses to the U.S. Marshal for service on the defendants. ( Discovery due by 5/30/2008., Motions to Compel to be filed by 6/30/2008., Motions to be filed by 8/29/2008.). Signed by Judge Gary L. Sharpe on 3/19/2008. (jel, )
September 11, 2009
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REPORT AND RECOMMENDATIONS. RECOMMENDED that: Defendants' motion for summary judgment (Docket No. 179) be DENIED as to LeBron's First and Fourteenth Amendment claims for retaliation and filing a false misbehaviour report as to defendants Sorenzon, Walcott, J.LeClaire, Smith, Boyton, Roque, Colby, Burke, Murphy, Selsky, and L. LeClaire; GRANTED as to all other claims and all other defendants except defendants Leferve, McLaughlin, Mehrmann, Pasquil, and Sanders; The amended complaint be DISMISSED without prejudice as to defendants Leferve, McLaughlin, Mehrmann, Pasquil, and Sanders. ORDERED thatLeBron's motion to supplement (Docket No. 186) is DENIED; and LeBron's motion to strike (Docket No. 187) is DENIED. Signed by Magistrate Judge David R. Homer on 9/11/09. {report-recommendations served via regular mail on all non-ecf parties}(nas )
March 31, 2010
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ORDER that United States Magistrate Judge David R. Homer's Report-Recommendation (Dkt. No. 194) is ACCEPTED and ADOPTED as modified by this Decision and Order; ORDERED that Defendants' motion for summary judgment (Dkt. No. 179) is GRANTED in its entirety; ORDERED that Plaintiff's claims against Defendants Leferve, McLaughlin, Mehrmann, Pasquil, and Sanders are DISMISSED from the action, without prejudice, pursuant to Fed. R. Civ. P. 4(m) and N.D.N.Y.L.R. 4.1(b); ORDERED that all other Defendants are DISMISSED from this action with prejudice; ORDERED that Magistrate Judge Homer's Order denying Plaintiff's motion to supplement the pleadings (Dkt. No. 186, 194) is AFFIRMED, ORDERED that Magistrate Judge Homer's Orders denying Plaintiff's two motions to strike certain documents from the record (Dkt. Nos. 187, 193, 194, 201) are AFFIRMED; ORDERED that Plaintiff's Amended Complaint is DISMISSED in its entirety. Signed by Judge Glenn T. Suddaby on 3/31/10. {order served via regular mail on all non-ecf parties}(nas, )