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10-011 - Phelan v. Thomas et al


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10-011 - Phelan v. Thomas et al
January 20, 2010
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DECISION AND ORDER: ORDERED, that plaintiff's 2 In Forma Pauperis Application is GRANTED. ORDERED, that R. Regan is dismissed as a defendant without prejudice. ORDERED, that plaintiff's claims of harassment are dismissed without prejudice. ORDERED, that plaintiff shall advise the Court in writing, within thirty (30) days of the filing date of this Order, whether he waives for all times all claims in this action relating to the loss of good time credits arising from the April 24, 2009 disciplinary hearing conducted by defendant Fletcher in order to proceed with his claims challenging the sanctions affecting the conditions of his confinement arising from that hearing. The Court specifically advises plaintiff that if he fails to notify the Court of his decision within thirty days, the Court will follow option number 2, as noted in the Order, and plaintiff's due process claims against defendant Fletcher with respect to that hearing will be dismissed without prejudice. ORDERED, that upon plaintiff's full compliance with this Decision and Order, or, if at the expiration of thirty days plaintiff has not complied with the terms of this Decision and Order, the Clerk shall return the file to the Court for further review. ORDERED, that plaintiff's 4 Motion for injunctive relief is DENIED. Signed by Judge Gary L. Sharpe on 1/20/10. (Decision and Order served on plaintiff by regular mail) (alh, )
September 13, 2011
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED, that Defendants' Motion to Dismiss (Dkt No. 55) be granted in part and denied in part as follows: 1. To the extent asserted, retaliation claims against Defendants Hersh and Thomas, relating to their cell search on April 2, 2009, and Defendants Thomas and Scott, relating to misbehavior reports issued pursuant to that cell search, should survive Defendants Motion and proceed to discovery; 2. To the extent asserted, Eighth Amendment excessive force claims against Defendant Micheals, relating to striking Plaintiff in the head several times, should survive Defendants Motion and proceed to discovery; 3. All other asserted claims against Defendants be dismissed for failure to state a claim. Objections to R&R due by 9/27/2011 Case Review Deadline 10/4/2011. Signed by Magistrate Judge Randolph F. Treece on 9/13/11. (Served on plaintiff by regular mail)(alh, )
December 5, 2011
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MEMORANDUM-DECISION AND ORDER: ORDERED, that Magistrate Judge Randolph F. Treece's September 13, 2011 Report-Recommendation and Order (Dkt. No. 63) is ADOPTED in its entirety. ORDERED, that defendants' motion to dismiss (Dkt. No. 55) is DENIED in part as described herein and GRANTED without prejudice as to all of the other claims against defendants. ORDERED, that in accordance with the Mandate of the United States Court of Appeals for the Second Circuit (see 9:10-cv-12, Dkt. No. 25), this case is consolidated with Case No. 9:10-cv-12. ORDERED, that 9:10-cv-11 shall be the lead case and 9:10-cv-12 shall be the member case. ORDERED, that Magistrate Judge Treece shall, in accordance with the Second Circuit's Mandate, appoint counsel. Signed by Judge Gary L. Sharpe on 12/5/11. (Attachments: # (1) Report-Recommendation and Order) (served on plaintiff by regular and certified mail)(alh, )
February 8, 2017
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MEMORANDUM-DECISION AND ORDER: ORDERED that the Clerk is directed to amend the caption to reflect the proper spelling of Hirsch and Michael. ORDERED that defendants' motion for summary judgement (Dkt. No. 131) is GRANTED and Phelan's amended complaint (Dkt. No. 88) is DISMISSED. ORDERED that the Clerk close this case. Signed by Senior Judge Gary L. Sharpe on 2/8/17. (served on non-ecf party by regular mail)(alh, )
February 8, 2017
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JUDGMENT entered in accordance with the Memorandum-Decision and Order issued by Senior District Judge Gary L. Sharpe on February 8, 2017. (served on non-ecf party by regular mail) (alh, )