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14-097 - Povoski v. Lacy et al


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14-097 - Povoski v. Lacy et al
June 25, 2014
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ORDER REFERRING CASE TO PRISONER MEDIATION PROGRAM: Plaintiff, FRANK J. POVOSKI, Jr. DIN 05-B-2531 a New York prisoner confined at Great Meadow Correctional Facility filed these pro se civil rights complaints pursuant to 42 USC § 1983. Good cause appearing, the instant cases shall be referred to the NYND Prisoner Mediation Program. A mediation hearing shall take place at the United States District Court, Albany NY with all interested parties and/or their representatives at 11:00am on July 17, 2014, before United States Magistrate Judge Christian F. Hummel. Signed by Chief Judge Gary L. Sharpe on 6/24/2014. (ptm) (Copy served on plaintiff by regular mail)
February 8, 2016
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REPORT-RECOMMENDATION and ORDER: RECOMMENDED that defendants' motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. No. 65) be: 1. GRANTED as to plaintiff's request for injunctive relief in the form of the expungement of his institutional and parole records regarding the December 6, 2010 disciplinary hearing; 2. DENIED as to (1) plaintiff's request for injunctive relief in the form of the return of two (2) legal research notebooks; (2) plaintiff's excessive force claims; and (3) plaintiff's conspiracy claims. ORDERED, that plaintiff's motion to amend (Dkt. No. 103) is GRANTED in part and DENIED in part, consistent with the above. ORDERED, that the amended complaint attached to plaintiff's motion (Dkt. No. 103-1) be accepted for filing and serve as the operative complaint in this proceeding. Objections to R&R due by 2/25/2016 Case Review Deadline 2/29/2016. Signed by Magistrate Judge Christian F. Hummel on 2/8/16. (served on plaintiff by regular mail) (Attachments: # (1) Unpublished Opinions)(alh, )
March 9, 2016
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t (Dkt. No. 106) is DISMISSED. Signed by Judge Brenda K. Sannes on 3/9/16 (served on plaintiff via regular mail). (rjb, )ORDER granting in part and denying in part 65 Motion to Dismiss for Failure to State a Claim; adopting 105 Report and Recommendations. The Second Amended Complaint (Dkt. No. 106) is ACCEPTED as filed except with respect to those claims Magistrate Judge Hummel denied amendment. Plaintiff's request for injunctive relief in the form of the expungement of his institutional and parole records regarding the December 6, 2010 disciplinary hearing, as set forth in the Second Amended Complain
December 13, 2017
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED, that defendant's Motion for Summary Judgment (Dkt. No. 132) be GRANTED IN PART: (1) Insofar as it seeks dismissal of plaintiffs Fourteenth Amendment due process claim against Capt. Lacy, C.O. Summo, Dir. Prack, and Supt. LaValley, (2) Insofar as it seeks dismissal of plaintiffs First Amendment retaliation claim against Capt. Lacy, Supt. LaValley, C.O. Mahuta, C.O. Tamer, C.O. Kelly, C.O. Crusie, and Lieut. Allan, (3) Insofar as it seeks dismissal of plaintiffs First Amendment access to the courts claim against Capt. Lacy, C.O. Kelly, C.O. Crusie, C.O. Mahuta, Supt. LaValley, and Lieut. Allan, (4) Insofar as it seeks dismissal of plaintiff's § 1983 conspiracy claims Capt. Lacy, Supt. LaValley, C.O. Mahuta, C.O. Tamer, C.O. Kelly, C.O. Crusie, Lieut. Allan, C.O. Pray, and Sgt. Archambault, (5) Insofar as it seeks dismissal of plaintiffs Eighth Amendment claim against Capt. Lacy, Lieut. Allan, and Supt. LaValley for improper SHU conditions, (6) Insofar as it seeks dismissal of plaintiffs Eighth Amendment failure to intervene claim against Lieut. Allan, the motion be GRANTED, and the claims be DISMISSED with prejudice. RECOMMENDED, that defendants' Motion for Summary Judgment (Dkt. No. 132) be DENIED IN PART: (1) Insofar as it seeks dismissal of plaintiff's First Amendment retaliation claim against C.O. Pray and Sgt. Archambault, (2) Insofar as it seeks dismissal of plaintiff's Eighth Amendment excessive force claim against C.O. Pray, (3) Insofar as it seeks dismissal of plaintiff's Eighth Amendment failure to intervene claim against Sgt. Archambault, the motion be DENIED. Objections to R&R due by 1/2/2018 Case Review Deadline 1/3/2018. Signed by Magistrate Judge Christian F. Hummel on 12/13/17. (Attachments: # (1) Unpublished Opinions Cited) (served on plaintiff by regular and certified mail)(alh, )
January 17, 2018
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ORDER adopting 139 Report and Recommendations; granting in part and denying in part 132 Motion for Summary Judgment. The Clerk is directed to terminate Capt. Lacy, C.O. Summo, Dir. Prack, Supt. LaValley, C.O. Mahuta, C.O. Tamer, C.O. Kelly, C.O. Crusie, and Lieut. Allan as Defendants in this case. Signed by Judge Brenda K. Sannes on 1/17/18. (Copy served on plaintiff via regular mail)(rjb, )
March 20, 2018
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ORDER dismissing the 106 Second Amended Complaint without prejudice for failure to prosecute. Signed by Judge Brenda K. Sannes on 3/20/18. (Copy served on plaintiff via regular and certified)(rjb, )