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16-527 - Adams v. O'Hara et al


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16-527 - Adams v. O'Hara et al
July 15, 2016
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DECISION AND ORDER: ORDERED, that in accordance with plaintiff's Peralta Waiver (Dkt. No. 10), all claims set forth in the complaint relating to disciplinary sanctions imposed on plaintiff at the February 2015 disciplinary hearing which affect the duration of his confinement are DISMISSED. ORDERED that the Clerk of the Court shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service of process on defendants. The Clerk shall forward a copy of the summons and complaint by mail to the Office of the New York State Attorney General, together with copies of this Decision and Order and the June Order. Signed by Chief Judge Glenn T. Suddaby on 7/15/16. (served on plaintiff by regular mail)(alh, )
December 8, 2016
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DECISION AND ORDER: ORDERED that plaintiff's amended complaint (Dkt. No. 62) is ACCEPTED for filing and is the operative pleading in this action. ORDERED that the Clerk shall (i) revise the docket to reflect that Auburn C.F. Supt. G.Robinson and Auburn C.O. M. Cornell are defendants in this action; and (ii) issue an amended summons and forward it to the U.S. Marshal for service on Robinson and Cornell. ORDERED that a response to the amended complaint shall be filed by defendants or their counsel as provided for in the Federal Rules of Civil Procedure. Signed by Chief Judge Glenn T. Suddaby on 12/8/16. (Copy mailed to Pro Se party and therefore, pursuant to Fed.R.Civ.P. 6(d), an additional 3 (three) days for service may be allowed)(alh, )
July 24, 2018
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REPORT-RECOMMENDATION: RECOMMENDED, that defendants' motion for summary judgment (Dkt. No. 132) be GRANTED with respect to all claims against defendants Lattimore-Smith, Cornell, Lamanna, Robinson, and Venettozzi. RECOMMENDED, that defendants motion for summary judgment (Dkt. No. 132) be DENIED with respect to all claims against defendants OHara, Kirkwood, Curtis, Seery, Dilallo, and Walshvelo. Objections to R&R due by 8/10/2018 Case Review Deadline 8/14/2018. Signed by US Magistrate Judge Andrew T. Baxter on 7/24/18. (served on plaintiff by regular mail)(alh, )
September 25, 2018
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DECISION AND ORDER accepting and adopting #153 Magistrate Judge Baxter's Report and Recommendation in its entirety; and granting in part and denying in part #132 Defendants' Motion for Summary Judgment in the following respects: (1) Plaintiff's claims against Defendants Lattimore-Smith, Cornell, Lamanna, Robinson and Venettozzi are DISMISED; and (2) Plaintiff's claims against Defendants O'Hara, Kirkwood, Curtis, Seery, Dilallo and Walshvelo SURVIVE Defendants' motion for summary judgment. It is further ordered that Pro Bono Counsel be appointed for the Plaintiff for purposes of trial only; any appeal shall remain the responsibility of the plaintiff alone unless a motion for appointment of counsel for an appeal is granted; and upon assignment of Pro Bono Counsel, a final pretrial conference with counsel only will be scheduled in this action, at which time the Court will schedule a jury trial on Plaintiff's Eighth Amendment excessive force claims against Defendants O'Hara, Kirkwood, Curtis, Seery and Dilallo and failure to protect claims against Defendants Dilallo and Walshvelo. Counsel are directed to appear at the pretrial conference with settlement authority from the parties. Signed by Chief Judge Glenn T. Suddaby on 9/25/18. (lmw) (Copy served upon pro se plaintiff via regular mail)