Haywood, et al v. Woods, et al

Filing 50

ORDER referring this action to Magistrate Judge Peebles for a Report-Recommendation. Signed by Judge Lawrence E. Kahn on 8/11/06. (rjb, )

Download PDF
Haywood, et al v. Woods, et al Doc. 50 Case 9:01-cv-00225-LEK-DEP Document 50 Filed 08/11/2006 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK KEITH HAYWOOD; TROY TODMAN, Plaintiffs, -againstJ. WOOD, Deputy Supt. of Security; R. FAULKNER, Corrections Captain; J. MILLER, Corrections Lieutenant; G. SHEPLER, Corrections Sergeant, Defendants. 9:01-CV-0225 (LEK/DEP) ORDER The Court of Appeals for the Second Circuit issued a Mandate, dated August 4, 2006, affirming in part and vacating and remanding in part this Court's prior judgment, and instructing the District Court to "consider, among any other relevant issues: whether Haywood's letters sufficiently informed Miller and Shepler of the conditions Haywood complained of, whether the defendants were sufficiently personally involved such that they may be held liable for their alleged failure to remedy the conditions, and whether Haywood has alleged sufficient facts to create a triable issue of fact as to whether the defendants acted with deliberate indifference." Mandate (Dkt. No. 49) at 3-4. Upon review of the Mandate, this matter is referred back to the Honorable David E. Peebles, United States Magistrate Judge, for another Report-Recommendation addressing the remaining issues in this case as identified in the Second Circuit's Mandate. Based on the foregoing, it is hereby 1 Dockets.Justia.com Case 9:01-cv-00225-LEK-DEP Document 50 Filed 08/11/2006 Page 2 of 2 ORDERED, that this matter is REFERRED to the Honorable David E. Peebles, United States Magistrate Judge, for a REPORT-RECOMMENDATION addressing the remaining issues in this case as identified in the Second Circuit's Mandate (Dkt. No. 49); and it is further ORDERED, that the Clerk serve a copy of this Order on all parties, along with a courtesy copy to Judge Peebles. IT IS SO ORDERED. DATED: August 11, 2006 Albany, New York 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?