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15-174 - TORRES et al v. GIROUX et al


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15-174 - TORRES et al v. GIROUX et al
October 16, 2015
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Judge Susan Paradise Baxter on 10/16/15. (lrw)REPORT AND RECOMMENDATION that the following individuals be dismissed as Plaintiffs in this case for failure to prosecute: Raymond Gourgue, Albaro Alvarez, James Edwards, and Sibney Martin. Objections to R&R due by 11/2/2015. Signed by Magistrate
April 4, 2016
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ORDER adopting in part Report and Recommendation re 19 Report and Recommendation as to Plaintiffs Alvarez and Edwards. Plaintiffs Alvarez and Edwards are DISMISSED from the case. The Court declines to adopt the Report and Recommendation as to Plaintiff Martin. Plaintiff Martin is instructed to file a motion to proceed in forma pauperis with the institutional account statement or pay the filing fee on or before May 4, 2016. FAILURE TO DO SO WILL RESULT IN DISMISSAL FROM THIS CASE. Signed by Judge Barbara Rothstein on 4/4/16. (sdp)
April 13, 2017
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REPORT AND RECOMMENDATION that Defendants' motion to dismiss 53 should be granted in part and denied in part as follows: 1. Defendants' motion to dismiss Plaintiffs' claims against Defendants in their official capacities should be GRANTED; 2. Defendants' motion to dismiss Plaintiffs' Eighth Amendment claim against Defendants Bashor, Phillips, Arnold, Putman, Brown, Mulligan, Newell, Walters, and DiRaimo should be GRANTED, and said claim should be DISMISSED;3. Defendants' motion to dismiss Plaintiffs' Fourteenth Amendment due process claim against all Defendants should be GRANTED and said claim should be DISMISSED; and 4. Defendants' motion to dismiss Plaintiff Torres' retaliation claim against Defendants Basher, Phillips, Walters, Arnold, Putman, Brown, Mulligan, and Newell should be DENIED and said claim should be allowed to proceed beyond the pleading stage; and As a result of the foregoing, the only claim remaining in this case should be Plaintiff Torres' retaliation claim against Defendants Basher, Phillips, Walters, Arnold, Putman, Brown, Mulligan, and Newell. Accordingly, Plaintiffs Pernell, Fitzgerald, Scutella, and Martin, and Defendants Giroux, Clark, Smith, Adams, and Szelewski should be terminated from this case. Objections to R&R due by 4/27/2017. Objections to R&R for Unregistered ECF Users due by 5/1/2017. Signed by Magistrate Judge Susan Paradise Baxter on 4/13/17. (lrw)
July 12, 2017
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liation claim against Basher, Phillips, Walters, Arnold, Putman, Brown, Mulligan, and Newell is DENIED. Defendants Pernell, Fitzgerald, Scutella, Martin, Giroux, Clark, Smith, Adams, and Szelewski are TERMINATED from this case. The Clerk shall send copies of this Order to the parties. Signed by Judge Barbara Rothstein on 7/12/2017. (nk)ORDER granting in part and denying in part 53 Motion to Dismiss for Failure to State a Claim; adopting re 58 Report and Recommendations. Plaintiffs claims against all Defendants in their official capacities are DISMISSED. Plaintiffs Eighth Amendment claim against Defendants Bashor, Phillips, Arnold, Putman, Brown, Mulligan, Newell, Walters, and DiRaimo is DISMISSED. Plaintiffs Fourteenth Amendment claim against all Defendants is DISMISSED. Defendants motion to dismiss Plaintiff Torress reta