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14-1366 - Hartley v. Devlin et al


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14-1366 - Hartley v. Devlin et al
February 4, 2015
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DECISION and ORDER: ORDERED that 2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that the following claims are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted or because plaintiff seeks monetary relief from persons who are immune from such relief: (1) all claims for monetary damages against the defendants in their official capacities and (2) the claim that defendant Smith improperly addressed plaintiff's grievances. ORDERED that defendant Smith is DISMISSED without prejudice. ORDERED that upon receipt from plaintiff of the documents required for service of process, the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon defendants Devlin, Coppola, Vadlamudi, Zaki, Kelly, and Keoningsman. The Clerk also shall forward a copy of the summons and complaint by mail to the Office of the New York State Attorney General and to the County Attorney for Otsego County, together with a copy of this Decision and Order. Signed by Chief Judge Gary L. Sharpe on 2/4/15. {order served via regular mail on plaintiff}(nas)
January 19, 2016
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REPORT AND RECOMMENDATION: RECOMMENDED that defendants Koenigsmann, Kelly, Coppola, Vadlamudi and Zaki's 22 motion to dismiss pursuant to Fed. R. Civ. P. 12 (b)(6) be: 1. GRANTED as to the Eighth Amendment deliberate indifference claims against Koenigsmann and Kelly. 2. DENIED as to (1) the Eighth Amendment deliberate indifference claims against Coppola, Vadlamudi, and Zaki; and (2) the First Amendment retaliation claim against Coppola. RECOMMENDED that defendant Devlin's 20 motion to dismiss pursuant to Fed. R. Civ. P. 12(b) and 12(c) be DENIED in all respects. RECOMMENDED that defendants Koenigsmann and Kelly be dismissed from this action. ORDERED that the Clerk's Office make necessary changes to the Docket to reflect the actual name of defendant Coppola. Objections to R&R due by 2/5/2016 Case Review Deadline 2/9/2016. Signed by Magistrate Judge Christian F. Hummel on 1/19/16. (Attachments: # (1) unpublished case law, # (2) unpublished case law, # (3) unpublished case law, # (4) unpublished case law, # (5) unpublished case law, # (6) unpublished case law, # (7) unpublished case law, # (8) unpublished case law, # (9) unpublished case law, # (10) unpublished case law){r&r served via regular mail on plaintiff}(nas)
March 24, 2016
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MEMORANDUM-DECISION AND ORDER: ORDERED that the Clerk shall amend the docket to reflect that defendant "Head Sheriff Devlin" is Richard Devlin, Jr. ORDERED that Magistrate Judge Christian F. Hummel's Report- Recommendation and Order (Dkt. No. 29) is REJECTED IN PART AND ADOPTED IN PART as follows: REJECTED insofar as Devlin's motion to dismiss (Dkt. No. 20) was denied as to personal involvement; and ADOPTED in all other respects. ORDERED that Devlin's motion to dismiss (Dkt. No. 20) is GRANTED and the claim against Devlin is DISMISSED WITHOUT PREJUDICE. ORDERED that Hartley may file an amended complaint consistent with this Memorandum-Decision and Order, which is a wholly-integrated and complete pleading that does not rely upon or incorporate by reference any pleading or document previously filed with the court, within thirty (30) days of the date of this Memorandum-Decision and Order. ORDERED that, in the event that Hartley does not file an amended complaint, Devlin shall be dismissed with prejudice without further order of the court. ORDERED that State defendants' motion to dismiss (Dkt. No. 22) is GRANTED IN PART and DENIED IN PART as follows: GRANTED as to the Eight Amendment deliberate indifference claims against Koeningsmann and Kelly; and DENIED in all other respects. ORDERED that the Clerk shall terminate Koeningsman and Kelly from the docket. Signed by Senior Judge Gary L. Sharpe on 3/24/16.{order served via regular mail on plaintiff} (nas)
April 9, 2018
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED, that defendants' Motion to Dismiss pursuant to Fed. R. Civ. P. 41(b) (Dkt. No. 58) be DENIED without prejudice to renew. Objections to R&R due by 4/26/2018 Case Review Deadline 4/30/2018. Signed by Magistrate Judge Christian F. Hummel on 4/9/18. (Attachments: # (1) case law cited){r&r served via regular mail and via certified mail on plaintiff}(nas, )
May 3, 2018
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d by Senior Judge Gary L. Sharpe on 5/3/18. {order served via regular mail and via certified mail on plaintiff}(nas, )ORDER: ORDERED that the Report-Recommendation and Order (Dkt. No. 62) is ADOPTED in its entirety. ORDERED that defendants' motion to dismiss pursuant to Fed. R. Civ. P. 41(b) (Dkt. No. 58) is DENIED without prejudice to renew. Signe
July 30, 2018
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED, that defendants' Motion to Dismiss pursuant to Rule 41(b) (Dkt. No. 67) be GRANTED and plaintiff's complaint (Dkt. No. 1) be DISMISSED without prejudice. Objections to R&R due by 8/17/2018 Case Review Deadline 8/21/2018. Signed by Magistrate Judge Christian F. Hummel on 7/30/18. (Attachments: # (1) Unpublished Opinions Cited, # (2) Transcript (Dkt. No. 69), # (3) Report-Recommendation and Order (Dkt. No. 62))(Served via regular and certified mail on plaintiff)(alh, )
August 27, 2018
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ORDER: ORDERED that the Report-Recommendation and Order (Dkt. No. 70) is ADOPTED in its entirety. ORDERED that defendants' motion to dismiss pursuant to Rule 41(b) (Dkt. No. 67) is GRANTED and plaintiff's complaint (Dkt. No. 1) is DISMISSED without prejudice. ORDERED that the clerk close this case. Signed by Senior Judge Gary L. Sharpe on 8/27/18. {order served via regular and via certified mail on plaintiff}(nas, )
August 27, 2018
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JUDGMENT entered dismissing the action in accordance with the 8/27/18 Order of Judge Sharpe.{judgment served via regular and via certified mail on plaintiff} (nas, )