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14-995 - Lynch v. Fonda et al

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14-995 - Lynch v. Fonda et al
May 15, 2015
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DECISION AND ORDER: ORDERED that Vernon J. Fonda and Anthony J. Annucci are DISMISSED without prejudice as defendants. ORDERED that the Clerk revise the docket to add Steven Racette, Superintendent, Clinton Correctional Facility, and Steve Brown, Deputy Superintendent for Security, Clinton Correctional Facility, as defendants to this action. ORDERED that plaintiff's claims for monetary damages pursuant to Section 1983 against the defendants Racette and Brown in their official capacities are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) as barred by Eleventh Amendment immunity. ORDERED that plaintiff's Eighth Amendment failure to protect claims against defendants Racette and Brown survive sua sponte review and require a response. ORDERED that plaintiff is directed to execute the attached Certificate and submit it to the Clerk of the Court within thirty (30) days of the filing date of this Decision and Order. By signing the attached Certificate, plaintiff certifies that his signature on that Certificate shall serve as an original signature on his amended complaint (Dkt. No. 10) for the purposes of Rule 11 of the Federal Rules of Civil Procedure and Rule 10(c)(2) of the Local Rules of Practice for the Northern District of New York. ORDERED that, if plaintiff fails to execute and submit to the Clerk of the Court the attached Certificate within thirty (30) days, the Clerk shall send this file to the Court for further review. ORDERED that if, within the time allowed, plaintiff executes and submits to the Clerk of the Court the attached Certificate, the Clerk is directed to (1) file the Certificate; (2) attach a copy of the executed Certificate as a supplemental submission to the amended complaint (Dkt. No. 10); (3) issue summonses and forward them, along with copies of the amended complaint (including the supplemental submission), to the United States Marshal for service upon defendants Racette and Brown; and (4) forward a copy of the summons and amended complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. ORDERED that plaintiff's request for an extension of time to have his amended complaint notarized (Dkt. No. 11) is DENIED as unnecessary. Signed by Chief Judge Gary L. Sharpe on 5/15/15. [ Notice of Compliance Deadline 6/15/2015 Case Review Deadline 7/15/2016]{order served via regular amil on plaintiff} (nas)
May 8, 2017
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7. {r&r served via regular mail on plaintiff}(nas, )REPORT-RECOMMENDATION and ORDER: RECOMMENDED that 33 MOTION for Summary Judgment be GRANTED and this action DISMISSED. Objections to R&R due by 5/25/2017 Case Review Deadline 5/30/2017. Signed by Magistrate Judge Daniel J. Stewart on 5/8/1
June 30, 2017
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ORDER: ORDERED that the Report-Recommendation (Dkt. No. 37) is ADOPTED in its entirety. ORDERED that defendants' motion for summary judgment (Dkt. No. 33) is GRANTED and the amended complaint (Dkt. No. 10) is DISMISSED. ORDERED that the Clerk is directed to close this case. Signed by Senior Judge Gary L. Sharpe on 6/30/17. {order served via regular mail on plaintiff}(nas)