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15-1171 - Dizak v. Hawks et al


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15-1171 - Dizak v. Hawks et al
February 17, 2016
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DECISION AND ORDER: ORDERED, that Plaintiff's Amended Complaint (Dkt. No. 11) is accepted for filing. ORDERED, that the following claims are DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief may be granted: (1) Eleventh Amendment claims against DOCCS; (2) Fourteenth Amendment due process claims against Gutwein; (3) First Amendment freedom of religion claims against Hawks; (4) retaliation claims based upon cell searches; (5) supervisory claims against Heath; and (6) conspiracy claims. ORDERED, that Gibilaro, Gutwein, and Heath are DISMISSED as Defendants herein. ORDERED, that upon receipt from Plaintiff of the signed certificate verifying that Plaintiff's signature on the certificate shall serve as an original signature on his Amended Complaint, the Clerk is directed to: (1) file the Amended Complaint in this action together with the supporting Exhibits (Dkt. No. 11-1) as the operative pleading; (2) revise the docket to reflect that Rogers is a Defendant and to remove Gibilaro as a Defendant; and (3) issue an amended summons and forward it to the U.S. Marshal for service on the additional Defendant. ORDERED, that a response to the Amended Complaint be filed by Defendants, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Lawrence E. Kahn on 2/17/16. (served on plaintiff with rule 11 affidavit by regular mail)(alh, )
September 8, 2016
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DECISION AND ORDER: ORDERED, that Plaintiff's Motion for Injunctive Relief (Dkt. No. 38) is DENIED. ORDERED, that Plaintiff's Motion for Appointment of Counsel (Dkt. No. 41) is DENIED with leave to renew. Signed by Senior Judge Lawrence E. Kahn on 9/8/16. (served on plaintiff by regular mail) (alh, )
January 9, 2018
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ORDER AND REPORT AND RECOMMENDATION: RECOMMENDED that Defendants' motion for summary judgment for failure to exhaust administrative remedies (Dkt. No. 111) be GRANTED in part and DENIED in part. RECOMMENDED that Defendant Hawks be DENIED summary judgment for failure to exhaust administrative remedies. RECOMMENDED that Defendant Lavallee be GRANTED summary judgment for failure to exhaust administrative remedies. RECOMMENDED that Defendant Rogers be GRANTED summary judgment as to Plaintiff's excessive force claim on failure to exhaust administrative remedies grounds and be DENIED summary judgment on those grounds as to Plaintiff's failure to intervene claim. Objections to R&R due by 1/26/2018 Case Review Deadline 1/30/2018. Signed by Magistrate Judge Therese Wiley Dancks on 1/9/18. (served on plaintiff by regular mail)(alh, )
February 20, 2018
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Kahn on 2/20/18. (served on plaintiff by regular mail) (alh, )GRANTED as to Plaintiffs § 1983 excessive force claim against defendants Lavallee and Rogers. The Motion is otherwise DENIED. ORDERED, that the Clerk shall terminate Lavallee as a defendant in this action. Signed by Senior Judge Lawrence E. DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 151) is APPROVED and ADOPTED in its entirety. ORDERED, that Defendants' motion for summary judgment (Dkt. No. 111) is GRANTED in part and DENIED in part. The Motion is