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15-258 - Bryant v. Bouvia et al


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15-258 - Bryant v. Bouvia et al
October 3, 2016
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ORDER and REPORT-RECOMMENDATION: RECOMMENDED, that defendants' motion for summary judgment (Dkt. No. 29) be GRANTED in part, and the following of plaintiff's claims be dismissed: 1. All claims against defendant Bouvia; 2. All claims against defendant Blair; 3. Eighth Amendment claims against defendant Baxter only as to the allegations of excessive force in the facility hospital. RECOMMENDED, that defendant Baxter's motion for summary judgment as to the Eighth Amendment claims of excessive force during the SHU escort be DENIED. RECOMMENDED, that plaintiff's cross-motion for summary judgment (Dkt. No. 33) be DENIED. ORDERED, that plaintiff's request for appointment of counsel (Dkt. No. 37) is denied without prejudice to renew, consistent with my prior order dated August 18, 2016. (Dkt. No. 40). Objections to R&R due by 10/20/2016 Case Review Deadline 10/24/2016. Signed by US Magistrate Judge Andrew T. Baxter on 10/3/16. (served on plaintiff by regular mail)(alh, )
January 27, 2017
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DECISION AND ORDER: ORDERED, that the Order and Report-Recommendation (Dkt. No. 41) is APPROVED and ADOPTED in its entirety. ORDERED, that Defendants' Motion for Summary Judgment (Dkt. No. 29) is GRANTED in part as to all claims against defendants T. Bouvia and M. Blair, and as to the Eighth Amendment claims against defendant Baxter relating to the allegations of excessive force in the facility hospital, and DENIED in part as to the Eighth Amendment claim of excessive force arising from the SHU escort. ORDERED, Bryant's Motion for Summary Judgment (Dkt. No. 33) is DENIED. ORDERED, that the denial without prejudice to renew of Bryant's request for appointment of counsel (Dkt. No. 37) is AFFIRMED. Signed by Senior Judge Lawrence E. Kahn on 1/27/17. (served on plaintiff by regular mail) (alh, )
February 7, 2018
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ORDER: Trial will commence on 5/7/2018 at 10:00 AM in Albany before Senior Judge Lawrence E. Kahn. Pretrial Submissions due by 4/23/2018. Signed by Senior Judge Lawrence E. Kahn on 2/7/18. (served on plaintiff by regular mail)(alh, )
July 24, 2018
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MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED, that the remaining Eighth Amendment Excessive force claim against defendant Travis Baxter in the complaint is dismissed with prejudice. It is further ORDERED that, based on this Order; the June 8, 2015 Decision and Order of Senior District Judge Lawrence E. Kahn (Dkt. No. 9); and the January 27, 2017 Decision and Order of Judge Kahn (Dkt. No. 46), the Clerk of the Court is directed to enter judgment in favor of all defendants on all claims and dismiss plaintiff's complaint, in its entirety, with prejudice. Signed by U.S. Magistrate Judge Andrew T. Baxter on 7/24/2018. [Copy served upon plaintiff via regular mail.] (nmk)
July 24, 2018
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JUDGMENT: in favor of Clinton Correctional Facility, M. Blair, T. Baxter and T. Bouvia against Tony Bryant as noted herein. [Copy served upon plaintiff via regular mail.] (nmk)