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16-167 - Parson v. York et al


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16-167 - Parson v. York et al
July 13, 2016
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DECISION AND ORDER: ORDERED that Plaintiff's amended complaint (Dkt. No. 18) is accepted for filing and is considered the operative pleading. ORDERED, that the two motions to dismiss (Dkt. Nos. 13 and 21) the original complaint are DENIED as moot. ORDERED, that defendants Annucci and Miller shall file a response to plaintiff's amended complaint within thirty (30) days of the filing date of this Decision and Order. ORDERED, that plaintiff may submit a response to defendant York's motion to dismiss (Dkt. No. 19) the amended complaint on or before August 5, 2016. Defendant York's reply to any such response is due on or before August 12, 2016. Signed by Judge David N. Hurd on 7/13/16. (served on plaintiff by regular mail) (alh, )
February 28, 2017
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28/17. (Attachments: # (1) case law cited){r&r served via regular mail and certified mail on plaintiff}(nas)REPORT-RECOMMENDATION AND ORDER: RECOMMENDED that 19 and 27 defendants York, Annucci, and Miller's motions to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) be: 1. GRANTED as to the Fourteenth Amendment claims regarding (1) Parson's transfer to Great Meadow C.F. against Annucci and York; and (2) unconstitutional conditions of confinement claim against Miller. 2.; and DENIED as to Parson's Fourteenth Amendment Claim against Miller regarding his eight-month placement in administrative segregation at Great Meadow C.F.; RECOMMENDED that defendants Annucci and York be dismissed from this action. Objections to R&R due by 3/17/2017 Case Review Deadline 3/21/2017. Signed by Magistrate Judge Christian F. Hummel on 2/
March 21, 2017
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DECISION AND ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation (Dkt. No. 31) is accepted in whole. See 28 U.S.C. ยง 636(b)(1). ORDERED, that (1) Defendant Nathan York's motion to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 19) is GRANTED; (2) Defendants Anthony Annucci and Christopher Miller's motion to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 27) is GRANTED in part and DENIED in part; (3) Plaintiff's Fourteenth Amendment claims regarding: (i) Parson's transfer to Great Meadows Correctional Facility against Annucci and (ii) unconstitutional due process claim against Miller, are DISMISSED; (4) Plaintiff's Fourteenth Amendment claim against Miller regarding his eight month placement in administrative segregation at Great Meadows Correctional Facility REMAINS; (5) Defendants Annucci and York are DISMISSED from this action; and (6) The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. Signed by Judge David N. Hurd on 3/21/17. (served on plaintiff by regular and certified mail) (alh, )