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06-1154 - Dallio v. Santamore et al


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06-1154 - Dallio v. Santamore et al
October 26, 2009
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REPORT AND RECOMMENDATIONS. RECOMMENDED that 78 First MOTION for Summary Judgment be granted in part and denied in part. That the complaint be dismissed without prejudice as to defendant Smith pursuant to Fed. R. Civ. P. 4(m) and N.D.N.Y.L.R. 4.1(b). Objections to R&R due by 11/9/2009 Case Review Deadline 11/16/2009. Signed by Magistrate Judge David R. Homer on 10/26/09. {report-recommendations served via regular mail on all non-ecf parties}(nas)
January 7, 2010
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ORDER that Magistrate Judge Homer's Report-Recommendation (Dkt. No. 87) isACCEPTED and ADOPTED in its entirety; ORDERED that Defendants' motion for summary judgment (Dkt. No. 78) is GRANTED in part and DENIED in part as follows:all of Plaintiff's claims against Defendants Bouchey, Quinn, Girdich, Gettman,OConnell, Perrea, and Riley (including all of Plaintiff's medical-indifference claims under the Eighth Amendment, and Plaintiff's conspiracy claims) are DISMISSED with prejudice pursuant to Fed. R. Civ. P. 56; Plaintiff's claims against Defendant Smith are DISMISSED without prejudice for failure to serve, pursuant to Fed. R. Civ. P. 4(m) and N.D.N.Y.L.R. 4.1(b); remaining in this action, following the issuance of this Decision and Order, are Plaintiff's excessive-force claims and failure-to-intervene claims against Defendants Santamore, Comstock, McGuoirk, LaClaire, Buksa, Ramsdell, Hopkinson and Gilmore. (Plaintiff's claims against these Defendants are not dismissed due to the existence of genuine issues of material fact regarding those claims.). Signed by Judge Glenn T. Suddaby on 1/7/10. {order served via regular mail on all non-ecf parties}(nas)