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13-1483 - Brooks v. Spitzer et al


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13-1483 - Brooks v. Spitzer et al
December 3, 2014
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REPORT AND RECOMMENDATION: RECOMMENDED that 21 First MOTION to Dismiss for Failure to State a Claim be GRANTED, and the complaint dismissed in its entirety WITH PREJUDICE. Objections to R&R due by 12/22/2014 Case Review Deadline 12/24/2014. Signed by US Magistrate Judge Andrew T. Baxter on 12/2/14. {r&r served via regular mail on plaintiff}(nas, )
March 24, 2015
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MEMORANDUM-DECISION AND ORDER: ORDERED that Magistrate Judge Andrew T. Baxter's December 3, 2014 Report-Recommendation (Dkt. No. 45) is ADOPTED to the extent that it recommended granting defendants' motion to dismiss and dismissal of Brooks' due process claims, but REJECTED to the extent that it recommended dismissal of Brooks' complaint in its entirety. ORDERED that defendants' motion to dismiss (Dkt. No. 21) is GRANTED. ORDERED that Brooks' only remaining claim is a First Amendment access to the courts claim. ORDERED that defendants have fourteen (14) days from the date of this Memorandum-Decision and Order to interpose an answer or otherwise file a responsive pleading with respect to Brooks' remaining claim. Signed by Chief Judge Gary L. Sharpe on 3/24/15. {order served via regular mail on plaitniff}(nas, )
February 9, 2016
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REPORT AND RECOMMENDATION: RECOMMENDED that 53 Second MOTION to Dismiss for Failure to State a Claim be GRANTED, and the complaint be DISMISSED IN ITS ENTIRETY WITH PREJUDICE. Objections to R&R due by 2/26/2016 Case Review Deadline 3/1/2016. Signed by US Magistrate Judge Andrew T. Baxter on 2/9/16. {r&r served via regular mail on plaintiff}(nas)
March 31, 2016
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ORDER: ORDERED that the Report-Recommendation (Dkt. No. 67) is ADOPTED in its entirety. ORDERED that defendants' second motion to dismiss (Dkt. No. 53) is GRANTED. ORDERED that the complaint (Dkt. No. 1) is DISMISSED. ORDERED that the Clerk close this case. Signed by Senior Judge Gary L. Sharpe on 3/31/16. (nas)