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08-669 - Earley v. Annucci et al


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08-669 - Earley v. Annucci et al
December 28, 2011
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED, that Defendants' Motion for Summary Judgment (Dkt. No. 63) be granted and this case be dismissed. Objections to R&R due by 1/11/2012 Case Review Deadline 1/18/2012. Signed by Magistrate Judge Randolph F. Treece on 12/28/11. (alh, )
January 30, 2012
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ORDER: ORDERED, that Magistrate Judge Treece's December 28, 2011 Report-Recommendation and Order (Dkt. No. 83) is ACCEPTED in its entirety for the reasons stated therein. ORDERED, that Defendants' motion for summary judgment (Dkt. No. 63) is GRANTED. ORDERED, that the Clerk shall enter judgment in favor of Defendants and close this case. Signed by Senior Judge Frederick J. Scullin, Jr on 1/30/12. (alh, )
February 28, 2017
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Plaintiff's First Cause of Action, regarding the voluntariness of his plea, Plaintiff's Motion should be denied and Defendant's Motion should be granted, and this claim should be dismissed; 2) As to Plaintiff's Second and Third Causes of Action, regarding Due Process violations stemming from the continued imposition and enforcement of PRS post Early II, Plaintiff's Motion should be granted in part as to liability for the time period of August 31, 2006, the date of the Early II decision, through June 27, 2007, when Plaintiff was released from DOCS's custody; Defendant's Motion should be granted in part to the extent that Annucci should be entitled to qualified immunity prior to that time period and to the extent that any claims are asserted against Annucci in his official capacity, such should be dismissed in accordance with the Eleventh Amendment; and 3) As to Plaintiff's Fourth Cause of Action, regarding the Division of Parole acting in concREPORT-RECOMMENDATION AND ORDER: RECOMMENDED, the Plaintiff's Motion for Partial Summary Judgment (Dkt. No. 124) and Defendant's Motion for Summary Judgment (Dkt. No. 125) be granted in part and denied in part as follows: 1) As to ert with DOCS, Defendant's Motion should be granted and this claim should be dismissed. RECOMMENDED, that if the above recommendations are adopted, this case be deemed trial ready on the issue of damages on Plaintiff's Second and Third Causes of Action. Objections to R&R due by 3/17/2017 Case Review Deadline 3/21/2017. Signed by Magistrate Judge Daniel J. Stewart on 2/27/17. (nas)
March 31, 2017
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**VACATED** ORDER: The Court hereby ORDERS that Magistrate Judge Stewart's February 28, 2017 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein. The Court further ORDERS that, with regard to Plaintiff's first cause of action, Plaintiff's # 124 motion for partial summary judgment is DENIED, Defendant's # 125 motion for summary judgment is GRANTED and this claim is DISMISSED. The Court further ORDERS that, with regard to Plaintiff's second and third causes of action, Plaintiff's # 124 motion for partial summary judgment is GRANTED in part as noted herein and Defendant's # 125 motion for summary judgment is GRANTED in part as noted herein. The Court further ORDERS that, with regard to Plaintiff's fourth cause of action, Defendant's # 125 motion for summary judgment is GRANTED and this claim is DISMISSED. The Court further ORDERS that this case is trial ready on the issue of damages with regard to Plaintiff's second and third causes of action and the Court will issue a trial order in due course. Signed by Senior Judge Frederick J. Scullin, Jr. on 3/31/2017. (nmk) Modified on 4/3/2017, vacated pursuant to the # 136 Text Order. (nmk)
September 29, 2017
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ORDER: ORDERS that Magistrate Judge Stewart's February 28, 2017 Report-Recommendation and Order, see Dkt. No. 130, is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that, with regard to Plaintiff's first cause of action, Plaintiff's motion for partial summary judgment, see Dkt. No. 124, is DENIED; and Defendant's motion for summary judgment, see Dkt. No. 125, is GRANTED; and this claim is DISMISSED; and the Court further ORDERS that, with regard to Plaintiff's second and third causes of action, alleging due process violations stemming from the continued imposition and enforcement of post-release supervision after Earley II, Plaintiff's motion for partial summary judgment, see Dkt. No. 124, is GRANTED in part as to liability for the time period of August 31, 2006, the date of the Earley II decision, through June 27, 2007, when Plaintiff was released from DOCS's custody; and Defendant's motion for summary judgment, see Dkt. No. 125, is GRANTED in part to the extent that Defendant is entitled to qualified immunity prior to that time period and to the extent that Plaintiff has asserted any claims against Defendant in his official capacity, which are DISMISSED in accordance with the Eleventh Amendment; and the Court further ORDERS that, with regard to Plaintiff's fourth cause of action, regarding the Division of Parole acting in concert with DOCS, Defendant's motion for summary judgment, see Dkt. No. 125, is GRANTED; and this claim is DISMISSED. ORDERS that this case is trial ready on the issue of damages with regard to Plaintiff's second and third causes of action; and the Court will issue a trial order in due course. Signed by Senior Judge Frederick J. Scullin, Jr on 9/29/17. (alh, )