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14-124 - Gizewski v. New York State Department of Corrections and Community Supervision et al


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14-124 - Gizewski v. New York State Department of Corrections and Community Supervision et al
October 10, 2014
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DECISION & ORDER denying #16 Plaintiff's Motion for Preliminary Injunction. Signed by Judge Glenn T. Suddaby on 10/10/14. (lmw)
July 5, 2016
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DECISION AND ORDER granting #37 Defendants' Motion for Summary Judgment. The following portions of Plaintiff's Complaint are DISMISSED: (1) Plaintiff's First, Second, and Fourth Causes of Action against DOCCS, which are DISMISSED with prejudice; and (2) Plaintiff's Third Cause of Action against Defendant Sheahan and "John Doe 1," which is DISMISSED with prejudice. Plaintiff's cross-motion to join Kristin Salotti as a defendant (Dkt. No. 42) is DENIED; and the sole remaining claim in this actioni.e., Plaintiff's Third Cause of Action against Defendant "John Doe 2"shall be DISMISSED with prejudice for failure to prosecute under Fed.R.Civ.P. 41(b) UNLESS, within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff files a motion for leave to file an Amended Complaint identifying that Defendant. Signed by Chief Judge Glenn T. Suddaby on 7/5/16. (lmw)