Holmes v. City of New York et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:12-cv-04671
District Judge Paul A. Engelmayer, presiding

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No Logo Mike Holmes, Plaintiff

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Name Phone Fax E-Mail
Space Mike Holmes +Pleaseu sea validnu
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City of New York City of New York, Defendant

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Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Charles Edward Carey +1 212 442 3329 +1 212 788 3770 ccarey@law.nyc.gov
No Logo Dora B. Schriro, Defendant
No Logo Governor Cuomo, Defendant
No Logo John Doe, Defendant
Bloomberg, Michael Rubens Bloomberg, Michael Rubens, Defendant
Officially listed as "Mayor Bloomberg"
Citation Section 42 U.S.C. § 1983
Nature of Suit 555 - Civil Rights (Prison Condition)
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Legal Document (Payment Possibly Required) 25 Filed: 2/25/2013, Entered: None Unknown Document Type
CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated February 11, 2013, the Court adopts the Report in full as to all of the plaintiffs listed above except Langston and Straker; those 61 plaintiffs' complaints are dismissed with leave to file an amended complaint; all of the cases are closed except Nos. 12 Civ. 4961 and 12 Civ. 5155; those cases are reopened without prejudice if a plaintiff files an amended complaint within 45 days of the Opinion and Order dated February 11, 2013; the Court accepts for filing Langston and Straker's amended complaints; the Citys motion to dismiss No. 12 Civ. 4961 (PAE)(JCF), Dkt. 19; No. 12 Civ 5155 (PAE)(JCF), Dkt. 24 is denied as moot; Defendants are directed to respond to the two amended complaints. (Signed by Clerk of Court Ruby Krajick on 2/25/13) (Attachments: # 1 Notice of Right to Appeal)(ml) (Entered: 02/25/2013)
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    Legal Document (Payment Possibly Required) 24 Filed: 2/11/2013, Entered: None Unknown Document TypeCourt Filing
    OPINION AND ORDER #102898: For the reasons stated herein, the Court adopts the Report in full as to all of the plaintiffs listed above except Langston and Straker. Those 61 plaintiffs complaints are hereby DISMISSED with leave to file an amended complaint. The Clerk of Court is directed to terminate any motion to dismiss pending in the cases listed above, and to close all of the cases except Nos. 12 Civ. 4961 and 12 Civ. 5155. The cases may be reopened without prejudice if a plaintiff files an amended complaint within 45 days. The Court accepts for filing Langston and Straker's amended complaints. The City's motion to dismiss-No. 12 Civ. 4961 (PAE)(JCF), Dkt. 19; No. 12 Civ. 5155 (PAE)(JCF), Dkt. 24-is denied as moot. Defendants are directed to respond to the two amended complaint. Finally, the Clerk of Court is respectfully directed to serve this Opinion and Order on each of the plaintiffs named in the caption at his address of record. re: (21 in 1:12-cv-04671-PAE-JCF) MOTION to Dismiss. filed by City of New York, (19 in 1:12-cv-04630-PAE-JCF) MOTION to Dismiss. filed by City of New York, (18 in 1:12-cv-04346-PAE-JCF) MOTION to Dismiss. filed by City of New York, (17 in 1:12-cv-04394-PAE-JCF) MOTION to Dismiss. filed by City of New York, (26 in 1:12-cv-04302-PAE-JCF) MOTION to Dismiss. filed by City of New York, (17 in 1:12-cv-04306-PAE-JCF) MOTION to Dismiss. filed by City of New York, (19 in 1:12-cv-04532-PAE-JCF) MOTION to Dismiss. filed by City of New York, (16 in 1:12-cv-04275-PAE-JCF) MOTION to Dismiss. filed by City of New York, (17 in 1:12-cv-04457-PAE-JCF) MOTION to Dismiss. filed by City of New York, (23 in 1:12-cv-04638-PAE-JCF) MOTION to Dismiss. filed by City of New York, (16 in 1:12-cv-04382-PAE-JCF) MOTION to Dismiss. filed by City of New York, (24 in 1:12-cv-04266-PAE-JCF) MOTION to Dismiss. filed by City of New York, (18 in 1:12-cv-04634-PAE-JCF) MOTION to Dismiss. filed by City of New York, (18 in 1:12-cv-04347-PAE-JCF) MOTION to Dismiss. filed by City of New York, (17 in 1:12-cv-04670-PAE-JCF) MOTION to Dismiss. filed by City of New York, (16 in 1:12-cv-04274-PAE-JCF) MOTION to Dismiss. filed by City of New York, (17 in 1:12-cv-04698-PAE-JCF) MOTION to Dismiss. filed by City of New York, (19 in 1:12-cv-04517-PAE-JCF) MOTION to Dismiss. filed by City of New York, (17 in 1:12-cv-04383-PAE-JCF) MOTION to Dismiss. filed by City of New York, (27 in 1:12-cv-04694-PAE-JCF) MOTION to Dismiss. filed by City of New York, (18 in 1:12-cv-04396-PAE-JCF) MOTION to Dismiss. filed by City of New York, (17 in 1:12-cv-04299-PAE-JCF) MOTION to Dismiss. filed by City of New York, (19 in 1:12-cv-04533-PAE-JCF) MOTION to Dismiss. filed by City of New York, (8 in 1:12-cv-04207-LAP) MOTION pursuant to Rule 60(b). filed by Lyubov Yefimova, (17 in 1:12-cv-04524-PAE-JCF) MOTION to Dismiss. filed by City of New York, (18 in 1:12-cv-04523-PAE-JCF) MOTION to Dismiss. filed by City of New York. (Signed by Judge Paul A. Engelmayer on 2/11/2013) (ago). Modified on 2/13/2013 (rsh). (Entered: 02/11/2013)
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      Legal Document (Payment Possibly Required) 23 Filed: 8/27/2012, Entered: None Unknown Document Type
      REPLY MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss. Document filed by City of New York et al. (cd) (Entered: 01/02/2013)
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        Legal Document (Payment Possibly Required) 22 Filed: 8/27/2012, Entered: None Unknown Document Type
        MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss the complaint. Document filed by City of New York et al. (cd) (Entered: 01/02/2013)
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          Legal Document (Payment Possibly Required) 21 Filed: 8/27/2012, Entered: None Unknown Document Type
          MOTION to Dismiss the complaint. Document filed by City of New York et al.(cd) (Entered: 01/02/2013)
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            Legal Document (Payment Possibly Required) 20 Filed: 12/20/2012, Entered: None Unknown Document TypeCourt Filing
            REPORT AND RECOMMENDATIONS re: (2 in 1:12-cv-04699-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by Willie Vega, (2 in 1:12-cv-04638-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by Raymond L. Edwards, (2 in 1:12-cv-04532-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by Ralphie E. Hayes, (2 in 1:12-cv-04670-PAE-JCF) Complaint filed by Demetrius Loving, (10 in 1:12-cv-04533-PAE-JCF) Amended Complaint, filed by Andre Livingston Williams, (2 in 1:12-cv-04396-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by Hiram Feliciano, (2 in 1:12-cv-04671-PAE-JCF) Complaint filed by Mike Holmes, (2 in 1:12-cv-04523-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by Shashkov Konstantin, (2 in 1:12-cv-04517-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by Francisco Amador, (2 in 1:12-cv-04524-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by William Vielman, (2 in 1:12-cv-04533-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by Andre Livingston Williams, (16 in 1:12-cv-04517-PAE-JCF) Amended Complaint, filed by Francisco Amador, (2 in 1:12-cv-04700-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by Troy Valentine, (2 in 1:12-cv-04634-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by Wayne Sullivan, (2 in 1:12-cv-04457-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by Glenn Campbell, (2 in 1:12-cv-04694-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by Robert Fleming, (2 in 1:12-cv-04698-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by David Soto, (2 in 1:12-cv-04630-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by Frederick Roberson, (2 in 1:12-cv-04394-PAE-JCF) PLRA Sec. 7(2)(g)(2) Complaint filed by Onett D. Brown. For the foregoing reasons, I recommend that the defendants' motion to dismiss be granted and the plaintiffs' complaints be dismissed with leave to file amended complaints. Pursuant to 28 U.S.C. § 636 (b)(1) and Rules 72, 6(a), and 6(b) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from this date to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the chambers of the Honorable Paul A. Engelmayer, Room 660, and to the chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. The Clerk of Court is respectfully directed to serve this Report and Recommendation on each of the plaintiffs named in the caption at his address of record. Objections to R&R due by 1/7/2013. (Signed by Magistrate Judge James C. Francis on 12/20/2012)Copies Mailed by Clerk of Court to: All plaintiffs; and Copy mailed by Chambers to: Charles Carey, Esq., Assistant Corporation Counsel, 100 Church Street, New York, NY 10007. (djc) (Entered: 12/21/2012)
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              Legal Document (Payment Possibly Required) 19 Filed: 12/14/2012, Entered: None Unknown Document TypeCourt Filing
              ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge James C. Francis. (Signed by Judge Paul A. Engelmayer on 12/13/2012) (cd) (Entered: 12/14/2012)
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                Legal Document (Payment Possibly Required) 18 Filed: 10/15/2012, Entered: None Unknown Document Type
                WAIVER OF SERVICE RETURNED UNEXECUTED as to John Doe Corizon Health Services Manager. Document filed by John Doe. (Pinnock, Nadene) (Entered: 10/15/2012)
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                  Legal Document (Payment Possibly Required) 17 Filed: 10/15/2012, Entered: None Unknown Document Type
                  WAIVER OF SERVICE RETURNED EXECUTED. Dora B. Schriro waiver sent on 10/15/2012, answer due 12/14/2012. Document filed by Dora B. Schriro. (Pinnock, Nadene) (Entered: 10/15/2012)
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                    Legal Document (Payment Possibly Required) 16 Filed: 9/14/2012, Entered: None Unknown Document Type
                    AFFIRMATION OF SERVICE of Ntc. of Assignment served on City of New York on 8/30/2012. Service was made by Mail. Document filed by Mike Holmes. (lnl) (Entered: 10/04/2012)
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                      Legal Document (Payment Possibly Required) 15 Filed: 9/14/2012, Entered: None Unknown Document Type
                      AFFIRMATION OF SERVICE of Ntc. of Assignment served on Michael Bloomberg on 8/30/2012. Service was made by Mail. Document filed by Mike Holmes. (pl) (Entered: 09/24/2012)
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                        Legal Document (Payment Possibly Required) 14 Filed: 9/14/2012, Entered: None Unknown Document Type
                        AFFIRMATION OF SERVICE of Ntc. of Assignment served on Dora Schriro on 8/30/2012. Service was made by Mail. Document filed by Mike Holmes. (pl) (Entered: 09/24/2012)
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                          Legal Document (Payment Possibly Required) 13 Filed: 9/14/2012, Entered: None Unknown Document Type
                          AFFIRMATION OF SERVICE of Ntc. of Assignment served on Dr. Jean Richard on 8/30/2012. Service was made by Mail. Document filed by Mike Holmes. (pl) (Entered: 09/24/2012)
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                            Legal Document (Payment Possibly Required) 12 Filed: 8/20/2012, Entered: None Unknown Document TypeCourt Filing
                            ORDER: The above-captioned case being the first-filed action of many related cases concerning the size of beds provided to inmates at the Anna M. Cross Center at Rikers Island, it is hereby ORDERED as follows: 1.) This order as well as all future orders issued under the caption above, shall be docketed and filed in each of the following cases unless otherwise indicated. 2.) Defendants' counsel shall advise the Court how they wish to proceed with respect to the cases identified in paragraph 1 above. The Clerk of Court shall mail a copy of this order to the plaintiff in each case listed in paragraph 1 above. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 8/20/2012) Copies Mailed By Chambers. (ama) (Entered: 08/20/2012)
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                              Legal Document (Payment Possibly Required) 11 Filed: 8/16/2012, Entered: None Unknown Document Type
                              WAIVER OF SERVICE RETURNED EXECUTED. City of New York waiver sent on 8/16/2012, answer due 10/15/2012. Document filed by City of New York. (Carey, Charles) (Entered: 08/16/2012)
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                                Legal Document (Payment Possibly Required) 10 Filed: 8/16/2012, Entered: None Unknown Document Type
                                NOTICE OF APPEARANCE by Charles Edward Carey on behalf of City of New York (Carey, Charles) (Entered: 08/16/2012)
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                                  Legal Document (Payment Possibly Required) 9 Filed: 8/10/2012, Entered: None Unknown Document TypeCourt Filing
                                  ORDER: The above captioned case being the first-filed action of many related cases concerning the size of beds provided to inmates at the Anna M. Cross Center at Rikers Island, it is hereby ORDERED as follows: 1.) This order, as well as all future orders issued under the caption above, shall be docketed and filed each of the following cases unless otherwise indicated. 2.)With respect to the cases with the docket numbers listed below, defendants shall file a consolidated motion to dismiss by August 27, 2012, plaintiffs shall answer by October 2, 2012, and defendants shall reply by October 16, 2012.; 3.) Defendants, time to answer or move with respect to the complaint is held in abeyance in the following cases pending determination of the motion to dismiss referred to in the preceding paragraph: Cannon, 11 Civ. 8983; Johnson1 12 Civ. 2821; Atterberry, 12 Civ. 3685; Humphrey, 12 Civ. 3139; Youmans, 12 Civ. 3690; D. Williams, 12 Civ. 3908.; 4.) The Clerk of Court shall mail a copy of this order to the plaintiff in each case listed in paragraph 1 above. SO ORDERED. ( Motions due by 8/27/2012., Responses due by 10/2/2012, Replies due by 10/16/2012.) (Signed by Magistrate Judge James C. Francis on 8/10/2012) The Clerks Office Has Mailed Copies. (ama) (Entered: 08/10/2012)
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                                    Legal Document (Payment Possibly Required) 8 Filed: 7/23/2012, Entered: None Unknown Document TypeCourt Filing
                                    ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge James C. Francis. (Signed by Judge Paul A. Engelmayer on 7/23/2012) (rjm) (Entered: 07/23/2012)
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                                      Legal Document (Payment Possibly Required) 7 Filed: 7/5/2012, Entered: None Unknown Document TypeCourt Filing
                                      ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge James C. Francis. (Signed by Judge Paul A. Engelmayer on 7/5/2012) (ja) (Entered: 07/05/2012)
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                                        Legal Document (Payment Possibly Required) 6 Filed: 6/29/2012, Entered: None Unknown Document TypeCourt Filing
                                        ORDER OF SERVICE: The Court dismisses each Plaintiffs claims against Governor Andrew Cuomo. 28 U.S.C. § I915(e)(2)(B)(ii), (iii). The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this Order. The Court requests that the City of New York and Commissioner Dora Schriro waive service of Summons for each case.The Clerk of Court is further directed to issue a Summons as to Mayor Bloomberg for each case, and each Plaintiff is directed to serve the Summons and Complaint only upon Mayor Bloomberg within 120 days of the issuance of the Summons. If service has not been made within the 120 days, and a Plaintiff has not requested an extension of time to serve within that 120 days, their Complaint may be dismissed for failure to prosecute, pursuant to Rules 4 and 41 of the Federal Rules of Civil Procedure. The Clerk of Court shall serve a copy of this Order and each Complaint on the New York City Law Department at: 100 Church Street, New York, NY 10007. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Waiver of Service due by 8/2/2012. (Signed by Judge Paul A. Engelmayer on 6/29/2012) (pl) (Entered: 06/29/2012)
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                                          Legal Document (Payment Possibly Required) 5 Filed: 6/29/2012, Entered: None Unknown Document TypeCourt Filing
                                          NOTICE OF CASE ASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 06/29/2012)
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                                            Legal Document (Payment Possibly Required) 4 Filed: 6/22/2012, Entered: None Unknown Document TypeCourt Filing
                                            ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without payment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Loretta A. Preska on 6/22/2012) (rjm) (Entered: 06/22/2012)
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                                              Legal Document (Payment Possibly Required) 3 Filed: 6/21/2012, Entered: None Unknown Document Type
                                              Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 6/21/2012. (laq) (Entered: 06/21/2012)
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                                                Legal Document (Payment Possibly Required) 2 Filed: 6/13/2012, Entered: None Unknown Document Type
                                                COMPLAINT against Bloomberg, City of New York, Cuomo, John Doe, Dora B. Schriro. Document filed by Mike Holmes.(lmb) (Entered: 06/19/2012)
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                                                  Legal Document (Payment Possibly Required) 1 Filed: 6/13/2012, Entered: None Unknown Document Type
                                                  DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mike Holmes.(lmb) (Entered: 06/19/2012)
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