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06-438 - Hill v. Chalandr et al


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06-438 - Hill v. Chalandr et al
June 8, 2006
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ORDER directing service of the amended complaint. Defendants Meek and Schwebler dismissed without prejudice. Signed by Judge Frederick J. Scullin Jr. on 6/8/06. (rjb, )
April 9, 2007
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ORDER granting 26 Motion to Compel. Signed by Judge George H. Lowe on 4/9/07. (rjb, )
June 6, 2007
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ORDER denying 49 Motion for the Court to accept Plaintiff's Appellate papers as a cross-motion to amend; denying 49 Motion to Appoint Counsel. Signed by Judge George H. Lowe on 6/6/07. (rjb, )
February 22, 2008
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REPORT AND RECOMMENDATIONS that the 40 MOTION for Summary Judgment filed by Michael Hill be Denied; that the 37 MOTION to Dismiss filed by Dominic Mantello, Joy Albright, M. Oliver, Margaret Franklin, Dr. Chalanor, Anne Cole, Glenn S. Goord be Denied and ORDERED that the 47 MOTION to Amend filed by Michael Hill is Granted. The Clerk shall file Plaintiff's Second Amended Complaint. Defendants' 55 request for leave to file a renewed motion to dismiss is Granted, the deadline for filing such a motion is extended until 3/21/08. Objections to R&R due by 3/7/2008 Case Review Deadline 3/13/2008. Signed by Magistrate Judge George H. Lowe on 2/22/08. (rjb, )
March 31, 2008
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ORDER denying 37 Motion to Dismiss; denying 40 Motion for Summary Judgment; adopting 60 Report and Recommendations ; referring this action to the Magistrate Judge for all further pretrial matters. Signed by Senior Judge Frederick J. Scullin, Jr on 3/31/08. (rjb, )
June 8, 2009
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REPORT-RECOMMENDATION: RECOMMENDED that Defendants' 67 motion to dismiss for failure to state a claim be GRANTED; RECOMMENDED that the Court dismiss Plaintiff's due process and Eighth Amendment claims against Defendant Goord and his due process claim against Defendant Cole sua sponte pursuant to 28 U.S.C. § 1915(e)(2); RECOMMENDED that Plaintiff's 76,77 motion to file a third amended complaint be DENIED; ORDERED that the clerk serve copies of Walker v. Pataro, No. 99 CIV. 4607, 2002 WL 664040 (S.D.N.Y. Apr. 23, 2002), Lewal v. Wiley, 29 Fed. App'x 26 (2d Cir. 2002) and Fox v. Brown, No. 9:05-CV- 1292 (LEK/GED), 2007 WL 586724 (N.D.N.Y. Feb. 21, 2007) on Plaintiff.Objections to R&R due by 6/22/2009 Case Review Deadline 6/29/2009. Signed by Magistrate Judge George H. Lowe on 6/8/2009. {Report-Recommendation and westlaw unpublished cases served on plaintiff via regular mail}(mgh)
March 25, 2010
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DECISION and ORDER: ORDERED that Magistrate Judge Lowe's Report-Recommendation (Dkt. No. 78) is ACCEPTED and ADOPTED in its entirety; ORDERED that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 67) is GRANTED in its entirety; ORDERED that, in addition to the claims addressed in Defendants' motion to dismiss, the following three claims are sua sponte DISMISSED, pursuant to 28 U.S.C. § 1915(e)(2): Plaintiff's Fourteenth Amendment due process claim against Defendant Goord; Plaintiff's Eighth Amendment deliberate-indifference-to-medical-needs claim against Defendant Goord; Plaintiff's Fourteenth Amendment due process claim against Defendant Cole; ORDERED that, as a result of the foregoing, Plaintiff's Second Amended Complaint (Dkt. No. 61) is DISMISSED in its entirety; ORDERED that Plaintiff's cross-motion to amend his Second Amended Complaint (Dkt. Nos. 76, 77) is DENIED as moot and/or without merit; ORDERED that the Clerk's Office shall issue a Judgment for Defendants, and close the file in this action. Signed by Judge Glenn T. Suddaby on 3/25/10. (order served on plaintiff by regular mail)(mnc)