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13-795 - Harrington v. Vadlamudi et al


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13-795 - Harrington v. Vadlamudi et al
September 2, 2014
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REPORT-RECOMMENDATION and ORDER: RECOMMENDED that 16 MOTION to Dismiss for Failure to State a Claim plaintiff's ADA and Rehabilitation Act claims filed by Dr. Vadlamudi, Karas Martin should be GRANTED and Plaintiff's ADA and Rehabilitation Act claims should be dismissed against the individual Defendants because such claims cannot be pursued against individual state officials. In light of his pro se status, Plaintiff should be granted an opportunity to amend his ADA and Rehabilitation Act claims in order to name the proper Defendant and properly state a claim under those Acts. ORDERED, that the Clerk of the Court amend the Docket Report to substituted Sandra Martin Smith as the Nurse Administrator at Marcy Correctional Facility sued herein, and not Karas Martin. Objections to R&R due by 9/19/2014 Case Review Deadline 9/23/2014. Signed by Magistrate Judge Randolph F. Treece on 9/2/14. {r&r served via regular mail on plaintiff}(nas)
September 29, 2014
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ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 28) is APPROVED and ADOPTED in its entirety. ORDERED, that Defendants' Motion (Dkt. No. 16) to dismiss Plaintiff's claims under the Americans with Disabilities Act and the Rehabilitation Act is GRANTED. ORDERED, that Plaintiff's claims under the Americans with Disabilities Act and the Rehabilitation Act are DISMISSED with leave to amend. If Plaintiff wishes to proceed with these claims, he must file, within thirty (30) days of the filing date of this Order, an amended complaint that remedies the deficiencies identified in the Report-Recommendation. ( Case Review Deadline 10/29/2014, Show Cause Response due by 11/28/2014. Signed by Senior Judge Lawrence E. Kahn on 9/29/14. {order served via regular mail on plaintiff}(nas)
April 29, 2015
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REPORT AND RECOMMENDATION: RECOMMENDED that 35 MOTION to Dismiss be GRANTED in its entirety and Plaintiff's ADA and Rehabilitation Claims should be DISMISSED with prejudice. Objections to R&R due by 5/18/2015 Case Review Deadline 5/20/2015. Signed by Magistrate Judge Randolph F. Treece on 4/29/15. {r&r served via regular mail on plaintiff}(nas)
July 21, 2015
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MEMORANDUM-DECISION AND ORDER: ORDERED that the Report-Recommendation (Dkt. No. 41) is ACCEPTED to the extent it recommends granting defendants' motion to dismiss (Dkt. No. 35) all ADA and Rehabilitation Act claims against defendants Dr. Vadlamudi and Sandra Martin Smith. ORDERED that defendants' motion to dismiss (Dkt. No. 35) all ADA and Rehabilitation Act claims against defendants Dr. Vadlamudi and Sandra Martin Smith is GRANTED. ORDERED that the Report-Recommendation (Dkt. No. 41) is otherwise REJECTED. ORDERED that defendants' motion to dismiss (Dkt. No. 35) plaintiff's ADA and Rehabilitation Act claims against defendant Marcy Correctional Facility is DENIED. ORDERED that the those portions of the second amended complaint that continue to assert ADA and Rehabilitation Act claims against Dr. Vadlamudi and Sandra Martin Smith are stricken. ORDERED that the second amended complaint (Dkt. No. 45) is otherwise accepted as filed. ORDERED that defendants' letter request (Dkt. No. 46) is DENIED to the extent they request that the Court strike the second amended complaint. ORDERED that defendants' letter request (Dkt. No. 46) is GRANTED to the extent they seek additional time to file a response to the second amended complaint. ORDERED that defendants shall respond to the second amended complaint on or before August 4, 2015. ORDERED that the Clerk of Court shall mail a copy of this Memorandum-Decision and Order to plaintiff along with copies of the unpublished decisions cited in this decision. Signed by Judge Brenda K. Sannes on 7/21/15.{order and unpublished decisions served via regular mail on plaintiff} (nas)
August 9, 2016
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REPORT AND RECOMMENDATION: RECOMMENDED that 57 MOTION for Summary Judgment be GRANTED and this action DISMISSED. Objections to R&R due by 8/26/2016 Case Review Deadline 8/30/2016. Signed by Magistrate Judge Daniel J. Stewart on 8/9/16. {r&r served via regular mail on plaintiff}(nas, )
August 30, 2016
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ORDER adopting 60 Report and Recommendations and granting the 57 Motion for Summary Judgment. Signed by Judge Brenda K. Sannes on 8/30/16 (served on plaintiff via regular and certified mail). (rjb, )