Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

12-1655 - Hudson v. Heath et al


Download Files

Metadata

Document in Context
12-1655 - Hudson v. Heath et al
July 31, 2013
PDF | More
REPORT-RECOMMENDATION and ORDER: RECOMMENDED that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 12.) be GRANTED without leave to amend as to Plaintiff's official capacity claims and Fourth Amendment claims and GRANTED with leave to amend the Eighth Amendment claims; and it is further ORDERED that the Clerk provide Plaintiff with copies of Patterson v. Lilley, No. 02 Civ. 6056 NRB, 2003 WL 21507345, 2003 U.S. Dist. LEXIS 10097 (S.D.N.Y. June 20, 2003); Peterson v. Cecot, No. 9:09-CV-1056 (GTS/DEP), 2011 WL 4343842, 2011 U.S. Dist. LEXIS 104904 (N.D.N.Y. Mar. 8, 2011); Sledge v. Fein, No. 11 Civ. 7450 (PKC), 2013 WL 1288183, 2013 U.S. Dist. LEXIS 44992 (S.D.N.Y. Mar. 28, 2013); Tolliver v. Wilson, No. 99 CIV 9555 (JGK), 2000 U.S. Dist. LEXIS 11531, 2000 WL 1154311 (S.D.N.Y. Aug. 14, 2000); and Youngblood v. Artus, No. 9:10-cv-00752 (MAD/DRH), 2011 WL 6337774, 2011 U.S. Dist. LEXIS 145470 (N.D.N.Y. Dec. 19, 2011). (Objections to R&R due by 8/19/2013, Case Review Deadline 8/21/2013). Signed by Magistrate Judge Therese Wiley Dancks on 7/31/2013. (Attachments: # (1) Patterson Case, # (2) Peterson Case, # (3) Sledge Case, # (4) Tolliver Case, # (5) Youngblood Case)(ptm) (Copy served on plaintiff with copies of attached caselaw)
September 3, 2013
PDF | More
ORDER: ORDERS that Magistrate Judge Dancks' July 31, 2013 20 Report- Recommendation and Order is ADOPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Defendants' motion to dismiss the complaint (Dkt. No. 12) is GRANTED; and the Court further ORDERS that Plaintiff's Eighth Amendment claims are DISMISSED with leave to amend; and the Court further ORDERS that Plaintiff's Fourth Amendment and official capacity claims are DISMISSED without leave to amend; and the Court further ORDERS that, if Plaintiff wishes to proceed with any claims that the Court has dismissed with leave to amend, he shall file an amended complaint, as directed below, within THIRTY (30) DAYS of the date of this Order; and the Court further ORDERS that, if Plaintiff fails to submit an amended complaint within THIRTY (30) DAYS of the date of this Order, judgment will be entered in Defendants' favor, without further Order of this Court. Signed by U.S. District Judge Mae A. D'Agostino on 9/3/2013. (ptm) (Copy served on plaintiff by regular mail)
July 31, 2014
PDF | More
REPORT-RECOMMENDATION and ORDER: RECOMMENDED that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 28) be GRANTED for claims against Defendant Heath; and it is further RECOMMENDED that Defendants motion to dismiss for failure to state a claim (Dkt. No. 28) be DENIED for claims against Defendant Albright; and it is further ORDERED that the Clerk provide Plaintiff with a copy of Ennis v. Davies, No. 87 Civ. 1465 (LMM), 1990 U.S. Dist. LEXIS 10500, 1990 WL 121527 (S.D.N.Y. Aug. 15, 1990). (Objections to R&R due by 8/18/2014; Case Review Deadline 8/21/2014) Signed by Magistrate Judge Therese Wiley Dancks on 7/31/2014. (ptm) (Copy served on plaintiff by regular mail with attached caselaw) (Document corrected and replaced per chambers on 7/31/2014) (ptm).
August 29, 2014
PDF | More
ORDER: ORDERS that 38 Report and Recommendation is ADOPTED in its entirety for the reasons stated therein. ORDERS that 28 Motion to Dismiss for Failure to State a Claim is GRANTED in part and DENIED in part. ORDERS that Defendant Heath is DISMISSED from this action. ORDERS that Defendant's motion to dismiss for failure to state a claim is DENIED with respect to Plaintiff's claims against Defendant Albright. Signed by U.S. District Judge Mae A. D'Agostino on 8/29/14. {order served via regular mail on plaintiff}(nas)
March 25, 2016
PDF | More
REPORT-RECOMMENDATION AND ORDER: RECOMMENDED that Defendant's motion to dismiss pursuant to Fed.R.Civ.P 41(b) (Dkt. No. 58) be GRANTED and this action be DISMISSED WITHOUT PREJUDICE for failure to prosecute. ORDERED that the Clerk provide Plaintiff with copies of Freeman v. Lundrigan, No. 95-CV-1190, 1996 WL 481534 (N.D.N.Y. Aug. 22, 2006) and Folk v. Rademacher, No. 00-CV- 199S, 2005 WL 2205816 (W.D.N.Y. Sept. 9, 2005) cited herein. Objections to R&R due by 4/11/2016 Case Review Deadline 4/15/2016. Signed by Magistrate Judge Therese Wiley Dancks on 3/25/16. {r&r served via certified mail on plaintiff}(nas)
June 15, 2016
PDF | More
DECISION AND ORDER: ORDERS that 59 Magistrate Judge Dancks' March 25, 2016 Report-Recommendation and order is ADOPTED in its entirety for the reasons stated therein. ORDERS that 58 Defendants' motion for sanctions is GRANTED. ORDERS that Plaintiff's complaint is DISMISSED. ORDERS that the Clerk of the Court shall enter judgment in Defendants favor and close this case. Signed by U.S. District Judge Mae A. D'Agostino on 6/15/16.{order served via regular mail and via certified mail on plaintiff} (nas)