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09-517 - Harvey v. Jabout, et al.


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09-517 - Harvey v. Jabout, et al.
December 3, 2009
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REPORT-RECOMMENDATION AND ORDER: Recommended that Defendant LaValley's 12 MOTION to Dismiss for failure to state a claim be Denied. Objections to R&R due by 12/17/2009 Case Review Deadline 12/24/2009. Signed by Magistrate Judge George H. Lowe on 12/3/09. (report-recommendation and order served on plaintiff by regular mail)(mnc)
December 31, 2009
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ORDER that 15 Report and Recommendations is APPROVED and ADOPTED in its entirety. ORDERED that 12 Motion to Dismiss is DENIED. Signed by Senior Judge Lawrence E. Kahn on 12/31/09. {order served via regular mail on plaintiff}(nas)
March 18, 2014
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CORRECTED REPORT-RECOMMENDATION and ORDER: RECOMMENDED that Plaintiff's Amended Complaint (Dkt. No. 50 ) in this action be DISMISSED, with prejudice, based upon his failure to comply with the exhaustion requirements of 42 U.S.C. § 1997e(a); and it is further ORDERED that the Clerk provide Plaintiff with copies of all unpublished decisions cited in this Order in accordance with the Second Circuit's decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). (Objections to R&R due by 4/4/2014, Case Review Deadline 4/8/2014) Signed by Magistrate Judge Therese Wiley Dancks on 3/18/2014. (ptm) (Copy served on plaintiff by regular mail with copies of all unpublished decisions cited in this Order)
June 19, 2014
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DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 95) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiff's Second Amended Complaint (Dkt. No. 50) is DISMISSED with prejudice for failure to comply with the exhaustion requirements of 42 U.S.C. § 1997e(a); and it is further ORDERED, that the Clerk provide Plaintiff with copies of all unpublished decisions cited in this Decision and Order in accordance with the Second Circuit's decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009); and it is further ORDERED, that the Clerk serve a copy of this Decision and Order on the parties in accordance with the Local Rules. Signed by Senior Judge Lawrence E. Kahn on 6/19/2014. (Attachments: Unpublished Decisions cited: # (1) Exhibit(s) Hilson v Maltese, # (2) Exhibit(s) Newman v Duncan, # (3) Exhibit(s) Machicote v Ercole) (ptm) (Copy served on plaintiff by regular mail with unpublished decisions cited)
June 19, 2014
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JUDGMENT***: IT IS ORDERED AND ADJUDGED that in the above en titled action, the Report-Recommendation of the Honorable ThrseWiley Dancks, dated March 18, 2014, is APPROVED and ADOPTED in its ENTIRETY; IT IS FURTHER ORDERED that the case is DISMISSED and judgment is entered in favor of the defendants as against the plaintiff, in accordance with the DECISION and ORDER of the Honorable Lawrence E. Kahn, U. S. District Judge, dated June 19, 2014. (ptm) (Copy served on petitioner by regular mail) ***VACATED per 102 Mandate and action reopened per Text Order Dkt. No. 103, Modified on 6/15/15 (alh, ).
June 16, 2017
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ORDER AND REPORT-RECOMMENDATION: RECOMMENDED that the District Court answer the two questions remanded by the United States Court of Appeals for the Second Circuit (Dkt. No. 102) in the negative, and find that (1) the unnamed grievance representative was not a staff member at Downstate; and (2) an inmate member of an IGRC is not a prison official whose alleged affirmative act may bar defendants from relying on an exhaustion defense. RECOMMENDED that the action be dismissed with prejudice based on Plaintiff's failure to exhaust administrative remedies as required by the PLRA. ORDERED that the Clerk provide Plaintiff with a copy of this Order and Report-Recommendation, along with copies of the unpublished decisions cited herein in accordance with Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2008) (per curiam). Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen days within which to file written objections to the foregoing report.6 Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILLPRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993) (citingSmall v. Sec'y of Health and Human Servs., 892 F.2d 15 (2d Cir. 1989) (per curiam)); 28 U.S.C. § 636(b)(1) (Supp. 2013); Fed. R. Civ. P. 72, 6(a). Objections to R&R due by 7/3/2017 Case Review Deadline 7/7/2017. Signed by Magistrate Judge Therese Wiley Dancks on 6/16/17. (served on plaintiff by regular mail)(alh, )
July 28, 2017
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DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 113) is APPROVED and ADOPTED in its entirety. ORDERED, that the two questions remanded by the United States Court of Appeals for the Second Circuit (Dkt. No. 102) are answered in the negative, and that (1) the unnamed grievance representative was not a staff member at Downstate; and (2) an inmate member of an IGRC is not a prison official whose alleged affirmative act may bar defendants from relying on an exhaustion defense. ORDERED, that this action is DISMISSED in its entirety with prejudice based on Plaintiff's failure to exhaust administrative remedies as required by the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(a). Signed by Senior Judge Lawrence E. Kahn on 7/28/17. (served on plaintiff by regular mail) (alh, )
July 28, 2017
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JUDGMENT entered in accordance with the DECISION and ORDER of the Honorable Lawrence E. Kahn, U. S. District Judge, dated July 28, 2017. (served on plaintiff by regular mail) (alh, )