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07-471 - Byng v. Campbell et al


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07-471 - Byng v. Campbell et al
October 20, 2008
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ORDERED that 74 Motion to Amend/Correct is GRANTED with respect to the Fourth, Fifth and Sixth Causes of Action and the addition of defendants Jill Harrington and DENIED with respect to the Seventh Cause of Action and the addition of defendants David E. Rook and Thuillez, Ford, Gold, Butler and Young, LLP. Byng shall file and serve a second amended complaint adding these claims and defendant Harrington within thirty days. ORDERED that 86 Motion to Compel is granted in part and denied in part. ORDERED that 93 Motion for an expert witness/Motion to Appoint Counsel is denied without prejudice. ORDERED that Byng provide the Court with a copy of his second amended complaint as filed and a completed USM-285 form for service on defendant Harrington. Signed by Magistrate Judge David R. Homer on 10/20/08. (Order served on non-ecf parties by regular mail along with a blank USM285 form). (alh, )
December 16, 2008
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REPORT AND RECOMMENDATIONS: RECOMMENDED that defendants' MOTION to Dismiss 67 be DENIED as moot. Objections to R&R due by 12/31/2008 Case Review Deadline 1/5/2009. Signed by Magistrate Judge David R. Homer on 12/16/08. (Report and Recommendations served on non-ecf party by regular mail)(alh, )
January 21, 2009
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ORDER, that the 118 Report-Recommendation of Magistrate Judge David R. Homer filed December 16, 2008 is ACCEPTED in its entirety; that the defendants' 67 Motion to Dismiss is DENIED as moot. Signed by Judge Gary L. Sharpe on 1/21/2009. (Attachments: # (1) Judge Homer's Report-Recommendation) (jel, )
March 4, 2009
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REPORT AND RECOMMENDATIONS: RECOMMENDED, that plaintiff's 132 Motion to dismiss this action without prejudice be DENIED. Objections to R&R due by 3/18/2009 Case Review Deadline 3/24/2009. Signed by Magistrate Judge David R. Homer on 3/4/09. (Report and Recommendations served on non-ecf party by regular mail)(alh, )
September 28, 2009
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MEMORANDUM-DECISION and ORDER: ORDERED, that Magistrate Judge Homer's March 20, 2009 Order denying Byng's motion for appointment of counsel is AFFIRMED. ORDERED, that 145 Report and Recommendations is adopted and Byng's 132 Motion to Dismiss the action without prejudice under FRCP 41(a)(1) is DENIED. ORDERED, that Byng's 132 Motion to Dismiss the action without prejudice under FRCP 41(a)(2) is DENIED. Signed by Judge Gary L. Sharpe on 9/28/09. (Memorandum-Decision and Order is served on plaintiff by regular mail) (alh, )
October 13, 2009
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REPORT AND RECOMMENDATIONS. RECOMMENDED that the motion of the CMS defendants for summary judgment (Docket No. 112) be GRANTED as to all defendants and all claims and that this action be terminated as to all CMS defendants; and The motion of the County defendants for summary judgment (Docket No. 125) be: DENIED as to Byng's claim of excessive force against defendants Delong and Rose; and GRANTED in all other respects and that defendants Campbell, and the Albany County Sheriff's Department be terminated from this action. IT IS ORDERED that Byng's motion to strike (Docket No. 194) is DENIED. Objections to R&R due by 10/27/2009 Case Review Deadline 11/2/2009. Signed by Magistrate Judge David R. Homer on 10/13/09. [report-recommendations served via regular mail on all non-ecf parties}(nas)
February 24, 2010
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MEMORANDUM-DECISION AND ORDER: ORDERED that Magistrate Judge Homer's order denying Byng's motion to strike is AFFIRMED; ORDERED that Magistrate Judge Homer's October 13, 2009 Report-Recommendation and Order is adopted; ORDERED that CMS defendants' motion for summary judgment (Dkt. No. 112) is GRANTED and Byng's claims against CMS defendants are DISMISSED and Correctional Medical Services, Inc., Dr. Robinowitz, Dr. Salzman, Rich, Debbie, Gloria Cooper, and Jill Harrington are hereby terminated from this action; ORDERED that County defendants' motion for summary judgment (Dkt. No. 125) is DENIED in part as to Byng's claim against D. Delong and M. Rose for excessive force; ORDERED that County defendants' motion for summary judgment (Dkt. No. 125) is GRANTED insofar as Byng's remaining claims against County defendants are DISMISSED and James Campbell and Albany County Sheriff's Department are hereby terminated from this action. Signed by Judge Gary L. Sharpe on 2/24/10. (order served on plaintiff by regular mail)(mnc) (Additional attachment(s) added on 3/8/2010: # (1) Judge Homer's Report-Recommendation) (jel, ).