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13-1271 - Casey v. Brockley et al


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13-1271 - Casey v. Brockley et al
November 9, 2015
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ORDER AND REPORT-RECOMMENDATION: RECOMMENDED that Defendants' motion to dismiss Plaintiff's complaint (Dkt. No. 37) in this action be GRANTED and that the complaint (Dkt. No. 1) be DISMISSED WITHOUT PREJUDICE, based upon Plaintiff's failure to fully exhaust his administrative remedies. RECOMMENDED that: (1) in the event CORC has rendered a decision on Plaintiff's appeal on Inmate Grievance Complaint GM-55615-13, Plaintiff be granted leave to refile this suit upon the filing of a Decision and Order by the District court on this Court's Report- Recommendation; and (2) in the event CORC has not rendered a decision on Plaintiff's appeal, that CORC be directed to render a decision on Plaintiffs pending grievance within thirty days of the filing of the District Court's Decision and Order on this Report-Recommendation; and (3) if Plaintiff does not receive a decision from CORC within that time, administrative remedies may be deemed unavailable to him and he may therefore be excused from exhausting his administrative remedies and may refile this suit indicating such. ORDERED that the Clerk provide Plaintiff with a copy of this Order and Report- Recommendation, along with copies of the unpublished decisions cited herein in accordance with the Second Circuit decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). Objections to R&R due by 11/27/2015 Case Review Deadline 11/30/2015. Signed by Magistrate Judge Therese Wiley Dancks on 11/9/15. {r&r served via regular mail on plaintiff}(nas)
December 3, 2015
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DECISION AND ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the 44 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that defendants' 37 Motion to Dismiss is GRANTED. ORDERED, that plaintiff's complaint is DISMISSED without prejudice in its entirety. ORDERED, that in the event CORC has rendered a decision on plaintiff's appeal, plaintiff is granted thirty (30) days from the filing of this Decision and Order to refile this suit indicating the outcome of the appeal. ORDERED, that if within thirty (30) days of the filing of this Decision and Order CORC has not issued a decision, plaintiff's administrative remedies will be deemed unavailable to him and he will be allowed to refile this suit. Plaintiff will have sixty (60) days from the filing of this Decision and Order to file an amended complaint indicating such. ORDERED, that the Clerk of the Court is directed to serve a copy of this Decision and Order on the parties in accordance with the Local Rules. The Clerk is further directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 12/2/15. (served on plaintiff by regular and certified mail) (alh, )
December 3, 2015
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***VACATED per Decision and Order, Dkt. No. 56***JUDGMENT entered pursuant to the Decision and Order of the Honorable Judge David N. Hurd, dated the 2nd day of December, 2015 and filed the 3rd day of December, 2015. (served on plaintiff by regular and certified mail) (alh, ) Modified on 6/2/2016 (alh, ).
June 2, 2016
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of Civil Procedure: (1) Eighth Amendment excessive force claim against Defendants Brockley, Colvin, Mayo, Goodrich, and Wanninger, (2) Eighth Amendment deliberate indifference to serious medical needs claim against Defendants Clapper, Boyce, and HermDECISION AND ORDER: ORDERED, that the Judgment (Dkt. No. 47) entered December 3, 2015, is hereby VACATED. ORDERED that the Clerk is directed to reopen this action and restore same to this Court's docket. Plaintiff's timely filed amended complaint is the operative complaint. Upon review of the amended complaint (Dkt. No. 52) pursuant to 28 U.S.C. § 1915A, the following claims are sufficient and require a response to be filed by Defendants as provided for in the Federal Rules ance; and (3) Eighth Amendment supervisory liability claim against Defendant Racette. The Court expresses no opinion on whether the amended complaint can survive a properly made motion to dismiss or motion for summary judgment. Signed by Judge David N. Hurd on 6/2/16. (served on plaintiff by regular mail)(alh, )
February 16, 2018
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REPORT-RECOMMENDATION and ORDER: RECOMMENDED that Defendant's motion for summary judgment (Dkt. No. 71) be DENIED IN PART and GRANTED IN PART. RECOMMENDED that summary judgment be GRANTED to Defendants Racette, Clapper, Boyce, and Hermance. RECOMMENDED that summary judgment be DENIED to Defendants Brockley, Colvin, Mayo, Goodrich, and Wanniger. Objections to R&R due by 3/9/2018 Case Review Deadline 3/13/2018. Signed by Magistrate Judge Therese Wiley Dancks on 2/16/18. (served on plaintiff by regular and certified mail)(alh, )
March 19, 2018
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DECISION AND ORDER: The 85 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). ORDERED, that 1. Defendants' 71 motion for summary judgment is GRANTED in part and plaintiff's complaint is DISMISSED as against defendants Racette, Clapper, Boyce, and Hermance; 2. Defendants' motion for summary judgment is DENIED as to defendants Brockley, Colvin, Mayo, Goodrich, and Wanniger and those claims remain; and 3. Trial on the remaining claims is scheduled for August 13, 2018, in Utica, New York. Signed by Judge David N. Hurd on 3/19/18. (served on plaintiff by regular and certified mail) (alh, )