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13-321 - Thomas v. Waugh et al


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13-321 - Thomas v. Waugh et al
July 24, 2015
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED, that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 47) be GRANTED IN PART AND DENIED IN PART. Specifically, it is recommended that the Court (A) direct Defendants Waugh, Leifeld, Larkin, Morris, Antonelli, and Bly to answer Plaintiff's claims under the free exercise clause of the First Amendment and RLUIPA; (B) dismiss Plaintiff's due process claims without leave to amend; (C) dismiss the retaliation claim against Defendant Leifeld with leave to amend; (D) dismiss the claims against Defendant DiCairano without leave to amend; (E) dismiss the claim against Defendant Bellamy without leave to amend; and (F) dismiss any claim regarding the functioning of the grievance system without leave to amend. Objections to R&R due by 8/10/2015 Case Review Deadline 8/14/2015. Signed by Magistrate Judge Therese Wiley Dancks on 7/24/15. (served on plaintiff by regular mail)(alh, )
September 30, 2015
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MEMORANDUM-DECISION AND ORDER granting in part and denying in part 47 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 53 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge Dancks' July 24, 2015 Report and Recommendation(Dkt. No. 53) is ADOPTED in its entirety for the reasons set forth therein; and the Court further ORDERS that Defendants' motion to dismiss Plaintiff's complaint (Dkt. No. 47) is GRANTED in part and DENIED in part; and the Court further ORDERS that Plaintiff's procedural and substantive due process claims, claims against Defendants DeCairano and Bellamy, and claims related to the proper functioning of the inmate grievance system are DISMISSED with prejudice; and the Court further ORDERS that Plaintiff's retaliation claim against Defendant Leifeld is DISMISSED with leave to amend; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 9/30/15. [copy mailed to plaintiff] (ban)
December 29, 2015
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ORDER and REPORT-RECOMMENDATION: RECOMMENDED that Plaintiff's retaliation claim against Defendant Leifeld in his Second Amended Complaint (Dkt. No. 63) be DISMISSED WITH PREJUDICE for failure to state a claim. RECOMMENDED that Plaintiff's claims in his Second Amended Complaint (Dkt. No. 63) for violation of his procedural and substantive due process rights, previously dismissed with prejudice by the District Court (Dkt. No. 58), BE STRICKEN FROM THE SECOND AMENDED COMPLAINT WITHOUT EFFECT ON THE REST OF THE PLEADING. RECOMMENDED that Defendants Waugh, Leifeld, Larkin, Morris, Antonelli, and Bly BE DIRECTED TO ANSWER Plaintiff's claims under the free exercise clause of the First Amendment and RLUIPA in the Second Amended Complaint (Dkt. No. 63). Objections to R&R due by 1/15/2016 Case Review Deadline 1/19/2016. Signed by Magistrate Judge Therese Wiley Dancks on 12/29/15. (served on plaintiff by regular mail)(alh, )
July 11, 2016
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ORDER: ORDERED that Magistrate Judge Dancks' Order and Report-Recommendation (Dkt. No. 64) is ADOPTED in its entirety for reasons set forth therein. ORDERED that Plaintiff's retaliation claim against Defendant Leifeld in his Second Amended Complaint (Dkt. No. 63) is DISMISSED WITH PREJUDICE for failure to state a claim. ORDERED that Plaintiff's claims in his Second Amended Complaint for violation of his procedural and substantive due process rights, previously dismissed with prejudice by the Court (Dkt. No. 58), are STRICKEN. ORDERED that Defendants Waugh, Leifeld, Larkin, Morris, Antonelli, and Bly are directed to answer Plaintiff's claims under the Free Exercise Clause of the First Amendment and RLUIPA in the Second Amended Complaint. ORDERED that Plaintiff's letter motion requesting that the Court direct the remaining Defendants to answer the Second Amended Complaint (Dkt. No. 67) is DENIED as moot. John N. Antonelli answer due 7/25/2016; Bly answer due 7/25/2016; Ronald D. Larkin answer due 7/25/2016; Leifeld answer due 7/25/2016; Cheryl Morris answer due 7/25/2016; F. Waugh answer due 7/25/2016. Signed by U.S. District Judge Mae A. D'Agostino on 7/11/16. (served on plaintiff by regular mail) (alh, )
February 28, 2018
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED that Defendants' motion for summary judgment (Dkt. No. 89) be GRANTED in part and DENIED in part as follows: (1) GRANTED as to Defendant C.O. Waugh; (2) DENIED as to Defendants Sgt. Leifeld, Superintendent Larkin, IGP Coordinator Antonelli, Assistant Commissioner Bly, and Director Morris; and (3) DENIED as to qualified immunity. RECOMMENDED that Plaintiff's claims for money damages under RLUPIA be DISMISSED as a matter of law. RECOMMENDED that Plaintiff's claim for declaratory and injunctive relief be DISMISSED as moot. Objections to R&R due by 3/19/2018 Case Review Deadline 3/21/2018. Signed by Magistrate Judge Therese Wiley Dancks on 2/28/18. {r&r served via regular mail on plaintiff}(nas, )
March 27, 2018
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DECISION AND ORDER: ORDERS that Magistrate Judge Dancks' 91 Report-Recommendation and Order is ADOPTED in its entirety for the reasons set forth therein. ORDERS that Defendants' motion for summary judgment (Dkt. No. 89) is GRANTED in part, and DENIED in part. ORDERS that Defendant F. Waugh be terminated as a party. Signed by U.S. District Judge Mae A. D'Agostino on 3/27/18. (served on plaintiff by regular mail) (alh, )
July 12, 2018
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DECISION AND ORDER granting in part and denying in part 116 Motion in Limine; granting in part and denying in part 123 Motion in Limine. Signed by U.S. District Judge Mae A. D'Agostino on 7/12/2018. (Copy served via regular mail on plaintiff)(ban)