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08-046 - Corye v. Carr et al


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08-046 - Corye v. Carr et al
February 15, 2008
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ORDER denying 9 Motion to Compel. Signed by Magistrate Judge Gustave J. DiBianco on 2/15/08. (rjb, )
September 30, 2009
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REPORT-RECOMMENDATION: RECOMMENDED, that defendants' 57 motion for summary judgment be GRANTED and the amended complaint DISMISSED AS TO ALL DEFENDANTS only as to the claims of failure to protect and denial of medical care; RECOMMENDED, that the defendants' 57 motion for summary judgment be DENIED WITHOUT PREJUDICE as to the issue of failure to exhaust; RECOMMENDED, that defendants' 57 motion for summary judgment be DENIED with respect to the issue of excessive force; RECOMMENDED, that plaintiff's 59 "cross- motion" for summary judgment be DENIED. Objections to R&R due by 10/15/2009 Case Review Deadline 10/20/2009. Signed by Magistrate Judge Gustave J. DiBianco on 9/30/2009.{Report-Recommendation served on plaintiff via regular mail} (mgh)
January 26, 2010
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DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 69 is APPROVED and ADOPTED in its ENTIRETY; ORDERED, that Defendants' motion for summary judgment (Dkt. No. 57) is GRANTED and the amended complaint DISMISSED AS TO ALL DEFENDANTS only as to the claims of failure to protect and denial of medical care; ORDERED, that the Defendants' motion for summary judgment (Dkt. No. 57) is DENIED as to the issue of failure to exhaust; ORDERED, that Defendants' motion for summary judgment (Dkt. No. 57) is DENIED with respect to the issue of excessive force; ORDERED, that Plaintiff's cross-motion for summary judgment (Dkt. No. 59) is DENIED. Signed by Senior Judge Lawrence E. Kahn on 1/26/10. (order served on plaintiff by regular mail) (mnc)