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15-712 - Brisman v. Graham et al


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15-712 - Brisman v. Graham et al
August 16, 2017
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REPORT AND RECOMMENDATION: RECOMMENDED that defendants' motion for summary judgment (Dkt. No. 29) be granted in part and denied in part as follows:(1) Plaintiff's Eighth Amendment excessive force and First Amendment free exercise claims asserted against defendant Knight, as well as plaintiff's conditions of confinement claims asserted against defendants Laukern and Carpenter, be DISMISSED; (2) Plaintiff's (a) Eighth Amendment excessive force claim asserted against defendants Quinn, Yung, Osborne, Johnston, and Lepinskie; (b) First Amendment mail interference claim asserted against defendant Volpe; and (c) First Amendment retaliation claim asserted against defendant McCabe, survive defendants' motion. RECOMMENDED that the court conduct an exhaustion hearing prior to any trial in this action pursuant to Messa v. Goord, 652 F.3d 305 (2d Cir. 2011), with respect to plaintiff's Eighth Amendment excessive force claim asserted against defendants Quinn, Yung, Osborne, Johnston, and Lepinskie. RECOMMENDED that plaintiff's claims against defendant John "Speedy" Doe be DISMISSED. ORDERED that the clerk is respectfully directed to modify the court's docket to reflect the correct spelling of defendant E. Lauckern's name. Objections to R&R due by 9/5/2017 Case Review Deadline 9/6/2017. Signed by Magistrate Judge David E. Peebles on 8/16/17. {r&r served via regular mail on plaintiff}(nas, )
September 7, 2017
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DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 43) is ADOPTED in part and MODIFIED in part. ORDERED, that Defendants' motion for summary judgment (Dkt. No. 29), insofar as it requests dismissal of Plaintiff's claims against defendants Knight, Lauckern, and Carpenter, is GRANTED, and that such claims are dismissed, and is DENIED in all other respects. ORDERED, that the Clerk shall terminate Knight, Lauckern, and Carpenter as defendants in this action. ORDERED, that the Court will conduct an exhaustion hearing prior to any trial in this action pursuant to Messa v. Goord, 652 F.3d 305 (2d Cir. 2011), with respect to Plaintiff's Eighth Amendment excessive force claim asserted against defendants Quinn, Yung, Osborne, Johnston, Lepinskie, and Doe. The administration of the hearing is referred to Judge Peebles. ORDERED, that Plaintiff must submit proof of service with respect to defendant John "Speedy" Doe within thirty days of the filing date of this Decision and Order. If he fails to submit proof of service, Doe will be dismissed without further order of the Court. Signed by Senior Judge Lawrence E. Kahn on 9/7/17. {order served via regular mail on plaintiff}(nas)
April 25, 2018
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REPORT AND RECOMMENDATION: RECOMMENDED that plaintiff's Eighth Amendment excessive force claim asserted against defendants Quinn, Yung, Osborne, Johnston, and Lepinskie be dismissed based upon plaintiff's failure to exhaust available remedies before commencing suit. RECOMMENDED that only plaintiff's First Amendment mail interference claim asserted against defendant Volpe and First Amendment retaliation claim asserted against defendant McCabe proceed to trial. Objections to R&R due by 5/9/2018. Signed by Magistrate Judge David E. Peebles on 4/24/18. {copy of r&r served via regular mail on plaintiff}(nas, )
May 10, 2018
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D. Signed by Senior Judge Lawrence E. Kahn on 5/10/18. {order served via regular mail on plaintiff}(nas, )DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 61) is APPROVED and ADOPTED in its entirety. ORDERED, that Plaintiff's excessive force claim against defendants Quinn, Yung, Osborne, Johnston, and Lepinskie is DISMISSE