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17-364 - Savastano v. The State of New York et al


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17-364 - Savastano v. The State of New York et al
June 1, 2018
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REPORT AND RECOMMENDATION: RECOMMENDED that defendants' motion to dismiss (Dkt. No. 25) be GRANTED in part and DENIED in part as follows: (1) Plaintiff's damage claims asserted against defendant LaClair in his official capacity should be DISMISSED; (2) To the extent that plaintiff's SAC is construed as asserting a RLUIPA claim seeking monetary damages against either of the defendants, that cause of action should be DISMISSED; and (3) With the exception of the foregoing, defendant LaClair's motion to dismiss should be DENIED. Objections to R&R due by 6/18/2018 Case Review Deadline 6/22/2018. Signed by Magistrate Judge David E. Peebles on 5/31/18. {r&r served via regular mail on plaintiff}(nas, )
July 9, 2018
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DECISION AND ORDER: ORDERED that the Report-Recommendation of Magistrate Judge Peebles, dkt. # 34, is hereby ACCEPTED and ADOPTED. It is hereby ORDERED that Defendant LaClair's motion to dismiss, dkt. # 25, is hereby GRANTED in part and DENIED in part, as follows: Plaintiff's damage claims asserted against Defendant LaClair in his official capacity are hereby DISMISSED; any claims seeking monetary damages against either of the Defendants pursuant to RLUIPA are hereby DISMISSED; and the motion is DENIED in all other respects. Signed by Judge Thomas J. McAvoy on 7/6/18. {order served via regular mail on plaintiff}(nas)
August 7, 2018
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REPORT AND RECOMMENDATION: RECOMMENDED that defendants' motion to dismiss for failure to prosecute (Dkt. No. 38) be GRANTED and plaintiff's second amended complaint (Dkt. No. 16) be DISMISSED. Objections to R&R due by 8/24/2018 Case Review Deadline 8/28/2018. Signed by Magistrate Judge David E. Peebles on 8/7/18. {r&r served via regular mail on plaintiff}(nas, )
September 4, 2018
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DECISION AND ORDER: ORDERED that the Court ACCEPTS and ADOPTS the Report and Recommendation (Dkt. No. 44) for the reasons stated therein. Accordingly, Defendants' motion to dismiss for failure to prosecute (Dkt. No. 38) is GRANTED and Plaintiff's second amended complaint (Dkt. No. 16) is DISMISSED without prejudice. The Clerk of the Court is respectfully directed to close the file in this matter. Signed by Senior Judge Thomas J. McAvoy on 9/4/18. {order served via regular mail on plaintiff}(nas, )
September 4, 2018
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JUDGMENT entered dismissing the action in accordance with the 9/4/18 Decision and Order of Judge McAvoy.{judgment served via regular mail on plaintiff} (nas, )