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16-639 - Trowell v. Santamore, et al.


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16-639 - Trowell v. Santamore, et al.
December 7, 2016
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DECISION AND ORDER: ORDERED that plaintiff's motion to supplement the complaint (Dkt. No. 8) is GRANTED in part and DENIED in part. ORDERED that the Clerk of the Court is directed to create a new docket entry incorporating the original cby U.S. District Judge Mae A. D'Agostino on 12/7/16. (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, )omplaint (Dkt. No. 1) with the supplemental complaint (Dkt. No. 8) and entitle the entry, "Amended Complaint". ORDERED that the amended complaint shall be the operative pleading in this action. ORDERED that the Clerk of the Court is also directed to amend the docket to include Fleury as a defendant. ORDERED that the following claims are DISMISSED for failure to state a cause of action: (1) Eighth Amendment claims related to threats; (2) Eighth Amendment excessive force claims; (3) Eighth Amendment deliberate indifference claims related to plaintiff's medical needs; and (4) retaliation claims. ORDERED, that a response to the amended complaint be filed by defendant Santamore, or his counsel, as provided for in the Federal Rules of Civil Procedure. ORDERED, that the Clerk shall issue a summons and forward it, along with copies of the amended complaint, to the United States Marshal for service upon Fleury. The Clerk shall forward a copy of the summons and amended complaint to the Office of the New York Attorney General, together with a copy of this Decision and Order. ORDERED, that a response to the amended complaint be filed by Fleury, or his counsel, as provided for in the Federal Rules of Civil Procedure. ORDERED that plaintiff's motion for the appointment of counsel (Dkt. Nos. 11 and 12) is DENIED with leave to renew. ORDERED that plaintiff's motion for injunctive relief (Dkt. Nos. 11 and 12) is DENIED. Signed
February 9, 2018
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ORDER AND REPORT AND RECOMMENDATION: RECOMMENDED that consolidated Defendants' motion for summary judgment in the consolidated action (Dkt. No. 27) be GRANTED IN ITS ENTIRETY. RECOMMENDED that the consolidated action be sua sponte DISMISSED WITH PREJUDICE against John Does 1-5 pursuant to 28 U.S.C. ยง 1915(e). Objections to R&R due by 2/26/2018 Case Review Deadline 3/2/2018. Signed by Magistrate Judge Therese Wiley Dancks on 2/9/18. (served on plaintiff by regular and certified mail)(alh, )
March 20, 2018
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ORDER: ORDERS that Magistrate Judge Dancks' 38 Order and Report-Recommendation is ADOPTED in its entirety for the reasons set forth therein. ORDERS that the consolidated Defendants' motion for summary judgment (Dkt. No. 27) is GRANTED. ORDERS that the Clerk of the Court shall enter judgment in this consolidated action in Defendants' favor and close this case. Signed by U.S. District Judge Mae A. D'Agostino on 3/20/18. (served on plaintiff by regular and certified mail) (alh, )
March 20, 2018
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JUDGMENT entered pursuant to the Order of the Honorable Judge Mae A. D'Agostino, dated the 20th day of March 2018. (served on plaintiff by regular and certified mail) (alh, )