LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 5/31/2021 re: I am writing to request that the Court issue a Subpoena Duces Tecum, for the Camera Footage from Green Haven, C-Block, 4-Company, and that of the prison infirmary, for the periods between April 20, 2021 and May 31, 2021. I am asking the Court to obtain the footage for the limited purposes of an in camera inspection to review the mail collection procedures by overnight shift officers in the Unite for the Physically Disabled...I respectfully thank this honorable Court for its Consideration. Document filed by 2527687. (ok)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 5/27/2021 re: This letter is to respectfully advise the Court that in accordance with your May 6, 2021 Order, I have filed an AFFIDAVIT authored by me, in addition to AFFIDAVITS authored by DEMETRIO LIFIERI, EUGENE MAZZIO, DAVID RHODES and LOUIE GEIGEL with respect to the issue of Administrative Exhaustion...my claims with respect to Ross v. Blake and Williams v. Correction Officer Priatno that much more compelling. I thank the court for its consideration. Document filed by 2527687. (ok)
REPLY MEMORANDUM OF LAW in Support re: 328 MOTION for Summary Judgment on Exhaustion. and in Response to Plaintiff's Supplemental Affidavits (Dkt. No. 355). Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55. (Attachments: # 1 Declaration of Service).(Dawkins, Julinda)
Mailed a copy of 354 Memo Endorsement and a Change of Address form, to 2527687, DIN 15-A-3706 at Green Haven Correctional Facility, P.O BOX 4000, Stormville, NY 12582-4000. (dsh) Modified on 5/6/2021 (dsh).
MEMO ENDORSEMENT on re: 353 Letter informing the Court and the Attorney General's office that he has reached MAXIMUM EXPIRATION of my sentence. HOWEVER, he was NOT released, filed by 2527687. ENDORSEMENT: Plaintiff must submit the referenced affidavits by May 28, 2021. Defendants' response, if any, is due by June 11, 2021. There will be no extensions of these deadlines. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. So Ordered. (Signed by Judge Kenneth M. Karas on 5/6/21) (yv) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 4/27/2021 re: I write to inform the Court and the Attorney General's office of the fact that on April 15, 2021, I reached MAXIMUM EXPIRATION of my sentence. HOWEVER, I was NOT released. My address was DENIED, and I was placed in a Residential Treatment Facility. Low and Behold, I was moved to GREEN HAVEN, in C-Block, formerly known as the Unit for the Physically Disabled...I thank the Court For allowing me to bring these matters to your attention. Document filed by 2527687. (ok)
MEMO ENDORSEMENT on re: 351 Letter filed by Anthony Annucci. ENDORSEMENT: The Court agrees that Plaintiff offers NO evidence supporting his sanctions motion. So, that motion is denied. The Court also agrees that this most recent motion is the latest in a series of unsubstantiated and frivolous allegations against defense counsel. While Mr. 2527687 or A6C9A24 is a pro se litigant, he is not exempt from responsibility of backing up his accusations with evidence. The Court will consider what remedies might be appropriate if Mr. 2527687 or A6C9A24 does not respect this principle. The Clerk is to mail a copy of this memo endorsement to Plaintiff. So Ordered. (Signed by Judge Kenneth M. Karas on 4/1/2021) (mml) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from Daniel Schulze dated April 1, 2021 re: Response to Plaintiff's Request For Sanctions. Document filed by Anthony Annucci. (Attachments: # 1 Certificate of Service).(Schulze, Daniel)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 3/12/2021 re: As your honor is aware, during the submissions for Summary Judgement Ms. Acosta Petty-John submitted an Affirmation from a Correctional Sergeant, claiming that he was one of the regular sergeants in charge of the Green Haven prison infirmary, and claiming that there was a procedure in which inmate grievance clerks made regular rounds to infirmary and infirmary-SHU inmates to determine whether or not they wanted to file any grievances...I respectfully thank the Court for its consideration. Document filed by 2527687. (ok)
DECLARATION of David Mazzella in Support re: 328 MOTION for Summary Judgment on Exhaustion.. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55.(Acosta-PettyJohn, Jessica)
REPLY MEMORANDUM OF LAW in Support re: 328 MOTION for Summary Judgment on Exhaustion. . Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55. (Attachments: # 1 Affidavit Declaration of Service).(Acosta-PettyJohn, Jessica)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 10/9/2020 re: I previously wrote the Court asking for a short extension to file my Memorandum of Law, I did not receive a response. Document filed by 2527687.(rj)
SWORN CERTIFICATION OF THE AUTHENTICITY OF THE EXHIBITS IN THE APPENDIX, VOLUME I AND II TO THE PLAINTIFF'S AFFIDAVIT IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. Document filed by 2527687.(rj)
CERTIFICATE OF SERVICE of Defendants' Memorandum of Law, Supplemental Affidavit served on 2527687 on 10/8/2020. Service was made by Mail. Document filed by 2527687.(rj)
PLAINTIFF'S MEMORANDUM OF LAW TO THE DEFENDANTS' MOTION FOR A SUMMARY JUDGMENT re: 328 MOTION for Summary Judgment on Exhaustion.. Document filed by 2527687.(rj)
SUPPLEMENTAL AFFIDAVIT IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGEMENT re: 328 MOTION for Summary Judgment on Exhaustion.. Document filed by 2527687.(rj) (Main Document 341 replaced on 10/19/2020) (rj). Modified on 10/19/2020 (rj).
CERTIFICATE OF SERVICE of copy of Memo Endorsed Order served on 2527687 on 10/16/2020. Service was made by Mail. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55.(Acosta-PettyJohn, Jessica)
MEMO ENDORSEMENT on re: 338 Letter,, filed by Sergeant Brock, Sergeant Funk, 6BA6C55, Sergeant Johanneman, 1B43F81, Martha Ball, FFC6590, Jaifa Collado, Anthony Annucci, Thomas Griffin, Steven Maher, C.O. Pollens, Jason Effman, Joseph Bonnacci, Eric Guttwein, Sergeant Howard. ENDORSEMENT: Granted. Defense counsel is to mail this memo endorsement to Plaintiff and certify in a filing that she did so by 10/20/20. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/16/2020) (jca)
LETTER addressed to Judge Kenneth M. Karas from Jessica Acosta-Pettyjohn dated 10/15/2020 re: response to Plaintiff's letter (Dkt. No. 337). Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55. (Attachments: # 1 Affidavit Declaration of Service).(Acosta-PettyJohn, Jessica)
CERTIFICATE OF SERVICE of copy of Memo Endorsed Order served on 2527687 on 10/13/2020. Service was made by mail. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55.(Acosta-PettyJohn, Jessica)
ORDER granting 334 Letter Motion for Extension of Time. Granted. Defense counsel is to mail a copy of this memo endorsement to Plaintiff and certify that they did so by 10/13/20. So Ordered. (Signed by Judge Kenneth M. Karas on 10/6/2020) (va)
LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from Jessica Acosta-Pettyjohn dated 10/6/2020. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55. (Attachments: # 1 Affidavit Declaration of Service).(Acosta-PettyJohn, Jessica)
PLAINTIFF'S AFFIDAVIT IN OPPOSITION TO THE DEFENDANTS' RULE 56.1 STATEMENT IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGEMENT re: 328 MOTION for Summary Judgment on Exhaustion.. Document filed by 2527687. (Attachments: # 1 Appendix Volume 1, # 2 Appendix Volume 2).(rj) Modified on 10/1/2020 (rj).
DECLARATION of Julinda Dawkins in Support re: 328 MOTION for Summary Judgment on Exhaustion.. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55. (Attachments: # 1 Exhibit A - Second Amended Complaint, # 2 Exhibit B - Plaintiff's Deposition Transcript, # 3 Exhibit C - Plaintiff's Interrog. Responses, # 4 Exhibit D- Declaration of Racheal Seguin, # 5 Exhibit E - Declaration of Laura Stanaway (1 of 2), # 6 Exhibit C- Declaration of Laura Stanaway (2 of 2), # 7 Exhibit F - Declaration of Carol Ann Murphy).(Dawkins, Julinda)
MEMORANDUM OF LAW in Support re: 328 MOTION for Summary Judgment on Exhaustion. . Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55.(Dawkins, Julinda)
NOTICE of Notice to Pro Se Litigant Who Opposes A Motion for Summary Judgment re: 328 MOTION for Summary Judgment on Exhaustion.. Document filed by Anthony Annucci, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, C.O. Pollens, 6BA6C55. (Attachments: # 1 Rule 56, # 2 LCR 56.1).(Dawkins, Julinda)
MOTION for Summary Judgment on Exhaustion. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55. (Attachments: # 1 Declaration of Service).(Dawkins, Julinda)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 8/10/2020 re: I write briefly to clarify a point. I did not believe my offer of dismissal was "contingent" upon abandonment of a proposed motion for a Summary Judgment. Document filed by 2527687.(jca)
MEMO ENDORSEMENT on re: 325 Letter filed by 2527687. ENDORSEMENT: The Court has already set a briefing schedule for Defendants' putative motion to dismiss, which was mailed to Plaintiff. (See Dkt. Nos. 323-24.) The Court will first evaluate the putative motion to dismiss before permitting Plaintiff to file any putative motion for sanctions. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 8/13/2020) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 7/21/20 re: I write respectfully to interpose my objection to the defendant's request for a pre-motion conference. Document filed by 2527687.(sbr)
CERTIFICATE OF SERVICE of Order at Dkt No. 323 served on 2527687 on August 7, 2020. Service was made by MAIL. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Sergeant Brock, Jaifa Collado, Jason Effman, Thomas Griffin, Eric Guttwein, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55.(Dawkins, Julinda)
ORDER granting in part 322 Letter Motion for Extension of Time. Defense Motion to Dismiss is due 8/30/20. Plaintiff's response is due 9/30/20. Defense reply is due 10/12/20. No further extensions. Counsel for the Defense is to mail this memo endorsement to Plaintiff and certify that she did so by 8/13/20. SO ORDERED. Motions due by 8/30/2020. (Signed by Judge Kenneth M. Karas on 8/7/2020) (jca)
LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from Julinda Dawkins dated August 7, 2020. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55. (Attachments: # 1 Plaintiff's letter dated July 21, 2020, # 2 Declaration of Service).(Dawkins, Julinda)
ORDER terminating 320 LETTER MOTION for Conference to discuss Defendants' anticipated motion for summary judgment on the limited issue of exhaustion and status report. The defense summary judgment motion is due 8/16/20. Plaintiff's response is due 9/16/20 and the defense reply is due 9/30/20.So Ordered. (Signed by Judge Kenneth M. Karas on 7/16/2020) (jca)
LETTER MOTION for Conference to discuss Defendants' anticipated motion for summary judgment on the limited issue of exhaustion and status report addressed to Judge Kenneth M. Karas from Julinda Dawkins dated July 15, 2020. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55. (Attachments: # 1 Declaration of Service).(Dawkins, Julinda)
MEMO ENDORSEMENT on re: 317 Letter, filed by 6BA6C55, Sergeant Johanneman, 1B43F81, Martha Ball, FFC6590, Jaifa Collado, Anthony Annucci, Thomas Griffin, C.O. Pollens, Jason Effman, Joseph Bonnacci, Eric Guttwein. ENDORSEMENT: Plaintiff needs to provide far greater detail before the Court will grant any injunctive relief. So Ordered. (Signed by Judge Kenneth M. Karas on 6/26/2020) (jca)
LETTER addressed to Judge Kenneth M. Karas from Julinda Dawkins dated June 25, 2020 re: Response to Plaintiff's Request for a TRO per Dkt. No. 316. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Jaifa Collado, Jason Effman, Thomas Griffin, Eric Guttwein, Sergeant Johanneman, FFC6590, C.O. Pollens, 6BA6C55. (Attachments: # 1 Declaration of Service).(Dawkins, Julinda)
MEMO ENDORSEMENT on re: 314 Letter, filed by 2527687. ENDORSEMENT: Defendants are to respond to this request for a TRO by 6/25/2020. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 6/18/2020) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 6/9/20 re: Recently I discovered that the Law Library Officer at Franklin, at the direction of Annucci and Laclair, was secretly copying my yet-to-be-filed documents. I prepared a motion for a T.R.O. for all of your forms, because it affects all cases, as well as personal family matters etc. Document filed by 2527687.(sc)
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 6/11/20 re: INTERFERENCE OF DOCCS PERSONNEL IN EFFECTING SERVICE ON DEFENDANTS/ ATTORNEY GENERAL'S OFFICE. Document filed by 2527687.(sc)
Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 5/29/2020 (on the record via AT&T teleconferencing). Plaintiff's letter application for a pre-motion conference (Dkt. #311) is withdrawn. Discovery on exhaustion issue is complete. Parties shall confer in an effort to avoid exhaustion-related motion practice. Defense counsel is directed to submit a letter to Judge Karas by July 15, 2020 (either a pre-motion letter or a status letter advising that the case is ripe to move forward on general issues). Plaintiff's responsive letter due August 3, 2020. Reference concluded. (ld)
LETTER addressed to Magistrate Judge Paul E. Davison from Julinda Dawkins dated May 5, 2020 re: Opposition to Letter for Pre-Motion Conference. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55. (Attachments: # 1 Declaration of Service).(Dawkins, Julinda)
LETTER addressed to Magistrate Judge Paul E. Davison from 2527687 dated March 25, 2020 re: letter requesting Pre-Motion Conference. Document filed by 2527687.(ks)
Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 4/28/2020 (recorded via AT&T Teleconferencing). Telephone conference scheduled for May 29, 2020 at 10:30 a.m. (ld)
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in from a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. DEFENSE COUNSEL IS DIRECTED TO HAVE THE PRO SE PLAINTIFF ON THE LINE PRIOR TO ACCESSING THE CONFERENCE VIA THE ABOVE INSTRUCTIONS. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 4/21/2020) Copies Mailed by Chambers (ks)
Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 3/26/2020 (on the record; court reporter Courtflow). Telephone conference scheduled for April 28, 2020 at 11:00 a.m. (ld)
Filed: 2/21/2020, Entered: 2/21/2020
Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 2/21/2020 (on the record). Deadline for exhaustion related discovery extended to 3/23/2020. Telephone conference, in the same format, scheduled for 3/26/2020 at 11:00am. (bh) (Court Reporter Courtflow)
SCHEDULING ORDER: The Court has rescheduled a Telephone Conference before the Honorable Paul E. Davison, United States Magistrate Judge to February 21, 2020 at 11:00 am. Defense counsel is to have all parties on the line for an on the record telephone conference. Re: Incarcerated Prisoners Incarcerated petitioners/plaintiffs shall participate in the conference by telephone (in lieu of a writ appearance). It is the responsibility of counsel for respondent/defendant to make prior arrangements with the appropriate facility to have the petitioner/plaintiff available via telephone. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 1/22/2020) Telephone Conference set for 2/21/2020 at 11:00 AM before Magistrate Judge Paul E. Davison. Copies Mailed By Chambers. (ks)
MEMO ENDORSEMENT on re: 307 Status Report, filed by Sergeant Brock, Sergeant Funk, 6BA6C55, Sergeant Johanneman, 1B43F81, Martha Ball, FFC6590, Jaifa Collado, Anthony Annucci, Thomas Griffin, Steven Maher, C.O. Pollens, Jason Effman, Joseph Bonnacci, Eric Guttwein, Sergeant Howard, 3508802. ENDORSEMENT: All exhaustion-related discovery shall be completed by 2/17/2020. On-the-record telephone conference set for 2/21/20 @ 11:00 a.m. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 1/22/2020) ( Discovery due by 2/17/2020., Telephone Conference set for 2/21/2020 at 11:00 AM before Magistrate Judge Paul E. Davison.) (ks)
STATUS REPORT. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, 3508802, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55. (Attachments: # 1 Declaration of Service)(Dawkins, Julinda)
Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 1/2/2020 (on the record; Court Reporter Courtflow). Defendants shall file a status letter by close of business January 21, 2020. (ld)
Filed: 12/18/2019, Entered: 12/18/2019
Mailed a copy of 306 Memo Endorsement, to 2527687 15-A-3706 Franklin C.F. P.O. Box 10 Malone, NY 12953. (aea)
MEMO ENDORSEMENT on re: 304 Letter, filed by 2527687. ENDORSEMENT: Motion is denied. That Plaintiff disagrees with the Court's rulings is no basis for recusal. The rulings do not reflect any bias and the Court otherwise has done or said nothing that demonstrates bias. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 12/18/2019) (jca) Transmission to Docket Assistant Clerk for processing.
AFFIDAVIT OF SERVICE of Answer served on 2527687 on 11/26/2019. Service was made by Mail. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55. (Acosta-PettyJohn, Jessica)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 11/19/19 re: It is with deep regret that I feel I must make this motion for this court to recuse itself. The basis for this motion for recusal is the bias and favoritism shown to the State throughout the course of this litigation. Document filed by 2527687.(sbr)
ANSWER to 166 Amended Complaint,, with JURY DEMAND. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55.(Acosta-PettyJohn, Jessica)
Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 11/26/2019. Plaintiff's deadline to respond to Defendants' discovery demands is extended to 12/18/2019. Overall deadline for exhaustion discovery extended to 1/17/2020. Telephone conference in the same format scheduled for 1/2/2020 at 12:00pm. (bh) (Court Reporter Courtflow)
DECLARATION OF SERVICE of Answer to First Set of Interrogatories, and Plaintiff's Objections served on Julinda Dawkins, Assist. Attorney General, New York State Attorney General's Office on 11/13/19. Service was made by Mail. Document filed by 2527687. (sc)
SCHEDULING ORDER: The Court has scheduled a Telephone Conference before the Honorable Paul E. Davison, United States Magistrate Judge, on November 26, 2019 at 10:00am. Defense counsel is to appear by telephone. Defense counsel is directed to have all parties on the line before calling chambers, as further set forth in this order. (Telephone Conference set for 11/26/2019 at 10:00 AM before Magistrate Judge Paul E. Davison.) (Signed by Magistrate Judge Paul E. Davison on 11/19/2019) Copies Mailed By Chambers. (jwh)
LETTER addressed to Judge Kenneth M. Karas re: Plaintiff's letters (Dkt. 295, Dkt. 296). Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55. (Attachments: # 1 Affidavit)(Acosta-PettyJohn, Jessica)
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request, or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the court as hereinafter set forth. The objecting party has 3 business days from the date the dispute arises to attempt an amicable resolution of the dispute. If the dispute is not affirmatively resolved within 3 business days, the objecting party then has 5 business days to bring the issue to the attention of the court by a letter brief limited to two (2) double spaced pages. Opposing parties have 5 business days thereafter to submit a two (2) page double spaced answering brief. If appropriate, counsel may annex to the letter briefs relevant portions (only) of relevant documents. Written replies will not be accepted. If the court deems it necessary the parties will have an opportunity to make oral replies to points made in the letter briefs on the return day of the matter. (As further set forth in this order.) SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 11/18/2019) (ks)
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). Referred to Magistrate Judge Paul E. Davison. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/18/2019) (jca)
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 10/31/19 re: Plaintiff requests that the Court issue an order striking those portions of the defendants' First Set of Interrogatories & First Set of Document Demands as overly broad and beyond the scope of limited discovery with respect to exhaustion of administrative remedies as directed by the Court's 9/26/19 Order; and for an extension of time to complete the requests/demands. Document filed by 2527687.(sc)
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 11/5/19 re: (NOTICE TO TAKE DEPOSITION ON 11/22/19) - Plaintiff informs the Court that he will not be able to attend the deposition on 11/22/19, because he is in the Anger Replacement Training Program for seven weeks, and he can be removed for poor attendance if he misses a class etc. Document filed by 2527687.(sc)
MEMO ENDORSEMENT on re: 292 Letter, filed by 2527687. ENDORSEMENT: The Court has already signed an order authorizing the deposition of Plaintiff while incarcerated. Plaintiff provides no particular reason why his deposition must wait until he is released from prison. As instructed in the Order, Dkt. No. 285, Plaintiff's failure to attend and complete his own deposition may result in sanctions, including dismissal of the case. The Clerk is respectfully requested to mail a copy of Dkt. No. 285 to Plaintiff, as well as this memo endorsement. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 11/13/2019) (jca) Transmission to Docket Assistant Clerk for processing.
ORDER granting 291 Letter Motion for Extension of Time to Answer. Granted. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. Anthony Annucci answer due 11/26/2019; Martha Ball answer due 11/26/2019; 1B43F81 answer due 11/26/2019; Joseph Bonnacci answer due 11/26/2019; Sergeant Brock answer due 11/26/2019; Jaifa Collado answer due 11/26/2019; Jason Effman answer due 11/26/2019; Sergeant Funk answer due 11/26/2019; Thomas Griffin answer due 11/26/2019; Eric Guttwein answer due 11/26/2019; Sergeant Howard answer due 11/26/2019; Sergeant Johanneman answer due 11/26/2019; Steven Maher answer due 11/26/2019; FFC6590 answer due 11/26/2019; C.O. Pollens answer due 11/26/2019; 6BA6C55 answer due 11/26/2019 (Signed by Judge Kenneth M. Karas on 11/12/2019) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 10/29/19 re: Plaintiff requests that the Court accept this letter as his objection to the defendants' counsel's request to depose him while incarcerated, because he is due to be released on or before 1/1/20. Document filed by 2527687.(sc)
LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, C.O. Pollens, 6BA6C55. (Attachments: # 1 Affidavit)(Acosta-PettyJohn, Jessica)
LETTER addressed to Judge Kenneth M. Karas from Julinda Dawkins dated November 7, 2019 re: Response to Dkt No. 288. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Lieutenant Hann, Sergeant Howard, Sergeant Johanneman, Steven Maher. (Attachments: # 1 Declaration of Service)(Dawkins, Julinda)
MEMO ENDORSEMENT on re: 286 Letter filed by 2527687. ENDORSEMENT: Plaintiff may not file a "supplemental" complaint in this Court without leave of the Court, which has not been granted. Plaintiff should focus on only litigating the claims that remain in this Action and in this venue, pursuant to the Court's Opinion & Order, Dkt. No. 275. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 10/30/2019) (mml) Transmission to Docket Assistant Clerk for processing.
MEMO ENDORSEMENT on re: 287 Letter, filed by 2527687. ENDORSEMENT: Defendant are to respond to this letter by 11/7/2019. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 11/4/2019) (rro) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 10/22/19 re: On or about 10/3/19, I wrote AAG Dawkins asking her for a list of Grievance Discovery items she was requesting. To date, she has not answered. I am seeking to avoid making voluminous copies which I cannot afford and access to copies in this facility is a time consuming process. Document filed by 2527687.(sbr)
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 10/19/19 re: ANOTHER RETALIATORY TRANSFER ON THE HORIZON. Document filed by 2527687.(sc)
ORDER: Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), it is hereby ORDERED that an Assistant Attorney General may take the deposition of plaintiff 2527687, DIN 15-A-3706, before a notary public, or some other officer authorized to administer oaths by the laws of the United States or of the State of New York, at any New York State Correctional Facility, upon notice to the plaintiff and Superintendent of the correctional facility where he is located, and Plaintiff is further advised that if he fails to attend and complete his own deposition, the Court may impose sanctions pursuant to Fed. R. Civ. P. 37(d), which may include an orderdismissing the complaint in this action. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/25/2019) (jca)
PROPOSED ORDER. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, FFC6590, 6BA6C55. (Attachments: # 1 Declaration of Service) (Dawkins, Julinda) Proposed Order to be reviewed by Clerk's Office staff.
MEMO ENDORSEMENT on re: 282 Letter, filed by 2527687. ENDORSEMENT: To the extent there are viable claims as to Defendant Annucci, they should be alleged in the respective venue; i.e., as to Franklin in the Northern District of New York and as to Green Haven, in the Southern District of New York. This Court no longer handles Franklin related claims and Plaintiff should raise its identifications/amendment issues with the Northern District once the transfer occurs. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 10/18/2019) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 10/7/19 re: Plaintiff requests that the Court inform him with respect to the 9/26/19 Order, as to to whether his claims against Annucci are split, and whether they get tried in both the Southern and Northern Districts etc. Document filed by 2527687.(sc)
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 10/1/19 re: Plaintiff informs the Court that his new address is Franklin Correctional Facility, P.O. Box 10, Malone, New York 12953; and he relates that he is concerned about further retaliation at his facility. Document filed by 2527687.(sc)
Mailed a copy of 277 Memo Endorsement, to 2527687 15-A-3706 Orleans Correctional Facility 3531 Gaines Basin Road Albion, NY 14411. (vba)
Filed: 10/7/2019, Entered: 10/7/2019
Mailed a copy of 280 Order on Motion for Extension of Time to Answer, to 2527687 15-A-3706 Orleans Correctional Facility 3531 Gaines Basin Road Albion, NY 14411. (vba)
ORDER granting 279 LETTER MOTION for Extension of Time to File Answer to the remaining claims in the Second Amended Complaint. Granted. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. Anthony Annucci answer due 11/12/2019; Sergeant Anspach answer due 11/12/2019; Martha Ball answer due 11/12/2019; 1B43F81 answer due 11/12/2019; Joseph Bonnacci answer due 11/12/2019; Sergeant Brock answer due 11/12/2019; Jaifa Collado answer due 11/12/2019; Jason Effman answer due 11/12/2019; Sergeant Funk answer due 11/12/2019; Thomas Griffin answer due 11/12/2019; 3508802 answer due 11/12/2019; Eric Guttwein answer due 11/12/2019; Lieutenant Hann answer due 11/12/2019; Sergeant Howard answer due 11/12/2019; Sergeant Johanneman answer due 11/12/2019; Steven Maher answer due 11/12/2019; Donald Mitchell answer due 11/12/2019; FFC6590 answer due 11/12/2019; 6BA6C55 answer due 11/12/2019. (Signed by Judge Kenneth M. Karas on 10/4/2019) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER MOTION for Extension of Time to File Answer to the remaining claims in the Second Amended Complaint addressed to Judge Kenneth M. Karas from Julinda Dawkins dated October 4, 2019. Document filed by Anthony Annucci, Martha Ball, Jaifa Collado, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Sergeant Johanneman, Steven Maher, 6BA6C55. (Attachments: # 1 Declaration of Service)(Dawkins, Julinda)
Received e-mail from the United States District Court - Northern District of New York acknowledging receipt of transferred case. Assigned Case Number: 9:19-cv-01225, filed on 10/03/2019. (sjo)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 09/23/2019 re: I am therefore respectfully requesting that the court DIRECT Ms. Dawkins to obtain the Hearing Tape and submit it to the court for its review, along with a Transcript for my review. Document filed by 2527687.(sbr)
MEMO ENDORSEMENT on re: 276 Letter filed by 2527687. ENDORSEMENT: Simply filing a grievance and not receiving a response does not exhaust all administrative remedies. Moreover, the Court did not receive any attached grievances in prior correspondence about this issue. In any case, the request for such a hearing is denied. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 9/30/2019) (jca) Transmission to Docket Assistant Clerk for processing.
Mailed a copy of 275 Memorandum & Opinion, to 2527687 15-A-3706 Orleans Correctional Facility 3531 Gaines Basin Road Albion, NY 14411. (aea)
Filed: 9/26/2019, Entered: 10/3/2019
PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Ronald Foster, Sergeant Reynolds, Mr. Quimby, Marissa Ouida, Denise Sauther, Sergeant Compo, 1B60BD3, Joseph Lewis, Sergeant Brown, B2EA735, Sergeant Castine, Ted Meskunas only, from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York (jca)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 9/17/19 re: Plaintiff submits this letter with attached Memo-Endorsed Letter by Hon. Kenneth M. Karas, re: Potential Misconduct by Members of the New York State Attorney General's Office; and Plaintiff writes that he was perplexed by the letter/endorsement because he was not seeking relief with respect to any non-parties, with the exception of the hearing to depose the Lieutenant who seized his paperwork, and blamed either "State Agencies" or "State Attorneys" on the Hearing Record. Document filed by 2527687.(sc)
OPINION AND ORDER: For the reasons stated above, Plaintiff's Motion for Sanctions is denied and Defendants' Motion To Dismiss is granted in part and denied in part. All claims related to Franklin andUpstate are severed and transferred to the Northern District of New York; the Green Haven claims remain in this District. Plaintiff's PREA-reporting claims are dismissed for failure to state a claim. Ms. 2527687 or A6C9A24 claim for freedom of association is dismissed with prejudice on qualified immunity grounds and therefore any amendment would be futile. See Jin v. Metro. Life Ins. Co., 310 F.3d 84, 101 (2d Cir. 2002) ("[T]he district court has the discretion to deny leave [to amend] if there is a good reason for it, such as futility.... " (citing Farnan v. Davis, 371 U.S. 178, 182 (1962)). The Court also orders the Parties to conduct limited discovery on the question of administrative exhaustion as to the Green Haven claims, to be completed within 60 days of the date of this Opinion. The Clerk is respectfully directed to terminate the pending motions, (Dkt. Nos. 210, 237), and mail a copy of this Opinion to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/26/2019) (jca) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
Published at
Filed: 9/24/2019, Entered: 9/24/2019
Mailed a copy of 274 Memo Endorsement, to 2527687 15-A-3706 Orleans Correctional Facility 3531 Gaines Basin Road Albion, NY 14411. (aea)
MEMO ENDORSEMENT on re: 273 Letter re: Plaintiff requests that the Court issue an order directing that a hearing be held, and Lt. Semmel called as a witness to determine exactly who and from what agency cont acted him and directed him to seize plaintiff's papers and read through them, as stated by him in the Disciplinary Hearing Tape # 438-19 without warrant or Court order, filed by 2527687. ENDORSEMENT: The Court is satisfied with Defendants' response on September 20, 2019, Dkt. No. 272. Plaintiff's request for additional hearing is denied. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 9/24/2019) (rj) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 9/12/19 re: Plaintiff requests that the Court issue an order directing that a hearing be held, and Lt. Semmel called as a witness to determine exactly who and from what agency contacted him and directed him to seize plaintiff's papers and read through them, as stated by him in the Disciplinary Hearing Tape # 438-19 without warrant or Court order. Document filed by 2527687.(sc)
LETTER addressed to Judge Kenneth M. Karas from Julinda Dawkins dated September 20, 2019 re: Response to Dkt. No. 271, seizure of paperwork. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Serivce)(Dawkins, Julinda)
MEMO ENDORSEMENT on re: 270 Letter, filed by 2527687. ENDORSEMENT: The Plaintiff is directed to the Court's Orders at Dkt. Nos. 247 and 256. The Court will not consider new allegations against nonparty individuals that have not been administratively exhausted. Defendants are directed to respond to Plaintiff's allegations about seizure of paperwork by 9/20/19. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the plaintiff. (Signed by Judge Kenneth M. Karas on 9/12/2019) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 8/30/19 re: (POTENTIAL MISCONDUCT BY MEMBERS OF THE NEW YORK STATE ATTORNEY GENERAL'S OFFICE) - Plaintiff requests a hearing at which time he could question Lt. Semel etc. Document filed by 2527687.(sc)
LETTER addressed to Judge Kenneth M. Karas from Julinda Dawkins dated September 9, 2019 re: Response to Dkt.No. 266. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther, FNU Trembath. (Attachments: # 1 Declaration of Service)(Dawkins, Julinda)
MEMO ENDORSEMENT on re: 267 Notice (Other),, filed by Sergeant Funk, Sergeant Castine, Sergeant Reynolds, Ted Meskunas, Anthony Annucci, Thomas Griffin, Jason Effman, Mr. Quimby, Marissa Ouida, Sergeant Brock, 6BA6C55, Ronald Foster, Denise Sauther, Sergeant Johanneman, 1B43F81, Martha Ball, FFC6590, Sergeant Brown, Jaifa Collado, Sergeant Compo, B2EA735, Joseph Lewis, Steven Maher, C.O. Pollens, Joseph Bonnacci, Eric Guttwein, Sergeant Howard. ENDORSEMENT: IT IS SO ORDERED. Attorney Sofya Uvaydov terminated. (Signed by Judge Kenneth M. Karas on 9/4/2019) (jca)
NOTICE of Withdrawal as Counsel. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
MEMO ENDORSEMENT on re: 265 Letter, filed by 2527687. ENDORSEMENT: Defendants are to respond to his note by 9/9/2019. SO ORDERED. The Clerk of the Court is directed to mail a copy fo this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 9/3/2019) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687, re: Plaintiff informs the Court that he is in the SHU because of the Misbehavior Report written by Lt Semmel of Groveland after taking and reading all of the plaintiff's confidential legal work etc. Document filed by 2527687.(sc)
LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated August 23, 2019 re: Response to Plaintiff's Letter Dated August 4, 2019. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Exhibit A, # 2 Declaration of Service)(Uvaydov, Sofya)
LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated August 23, 2019 re: Response to Plaintiff's Letter Dated July 31, 2019. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
MEMO ENDORSEMENT on re: 260 Letter, filed by 2527687. ENDORSEMENT: Defendants are to respond to this letter by 8/28/19. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 8/21/2019) (jca) Transmission to Docket Assistant Clerk for processing.
MEMO ENDORSEMENT on re: 258 Letter filed by 2527687. ENDORSEMENT: Defendants are directed to respond to Plaintiff's statements regarding the Passage Declaration by 8/23/19. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 8/14/2019) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 8/4/19 re: Plaintiff requests that the Courts order hearings for the return of the respective files in both cases pending before the Courts; and that he does not know whether the Courts will entertain a request for an order directing the return of all legal papers, or if he will need to commence a separate application in each court. Document filed by 2527687. (Attachments: # 1 Envelope)(sc)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 7/31/19 re: I write briefly to update my address which appears above. Document filed by 2527687.(sbr)
MEMO ENDORSEMENT on re: 255 Letter filed by 2527687. ENDORSEMENT: Plaintiff is referenced to the Court's Order at Dkt. No. 247. The Court will not consider allegations against individuals who are not parties in this case regarding allegations Plaintiff has not exhausted. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 4/5/2019) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from Vidal Maurice Whitley dated 3/19/2019 re: CONSTRUCTIVE DENIAL OF ACCESS TO PRISON LAW LIBRARY BY C.O. WENZEL. Document filed by 2527687.(vn)
DECLARATION of Carol Ann Murphy in Support re: 210 MOTION to Dismiss the Second Amended Complaint.. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Uvaydov, Sofya)
REPLY MEMORANDUM OF LAW in Support re: 210 MOTION to Dismiss the Second Amended Complaint. . Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Certificate of Service)(Uvaydov, Sofya)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 3/17/2019 re: I write in response to the March 11, 2019 letter filed by Daniel Schulze, Section Chief, and Barbara Hathaway, Deputy Bureau Chief of the Litigation Bureau. Document filed by 2527687. (sac)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated March 17, 2019 re: I write in response to the March 11, 2019 letter filed by Daniel Schulze and Barbara Hathway. Document filed by 2527687.(sbr)
Mailed a copy of 249 Order on Motion for Leave to File Excess Pages, to 2527687 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea)
ORDER granting 248 LETTER MOTION for Leave to File Excess Pages for Defendants' Reply Memorandum of Law. Granted. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 3/20/2019) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER MOTION for Leave to File Excess Pages for Defendants' Reply Memorandum of Law addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated March 20, 2019. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
ORDER: Accordingly, for the reasons stated above, Mr. A6C9A24 or 2527687 application is denied. The Clerk of Court is directed to mail a copy of this Order to Mr. 2527687 or A6C9A24, and as further set forth in this Order. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/14/2019) (jca) Transmission to Docket Assistant Clerk for processing.
ORDER granting 244 Letter Motion for Extension of Time to File Response/Reply re 210 MOTION to Dismiss the Second Amended Complaint. Defendants' Reply is due March 29, 2019. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Replies due by 3/29/2019.) (Signed by Judge Kenneth M. Karas on 3/13/2019) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER MOTION for Extension of Time to File Response/Reply In Support of Defendants' Motion to Dismiss addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated March 12, 2019. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 3/7/2019 re: Motion for Rule 11 Sanctions. I write respectfully and briefly to respond to Ms. Uvaydov's self-serving letter dated February 27, 2019. Document filed by 2527687. (sac)
RESPONSE in Opposition to Motion re: 237 MOTION for Sanctions. . Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Certificate of Service)(Schulze, Daniel)
LETTER from 2527687 dated 2/21/2019 re: I write the facility administration to file this as a grievance and the courts to advise as to the CONTINUING pattern of abuse at this facility. Document filed by 2527687.(vn)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 2/19/2019 re: Please be advised that on February 13, 2019, I mailed the original response papers to the court, and the service copy to counsel. I filled out a facility disbursement form for each, had it signed by Law Library Officer LIEBLER, and placed the envelopes into the legal mail box in the Groveland Law Library. Document filed by 2527687.(vn)
LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated February 27, 2019 re: Plaintiff's Letter Dated February 1, 2019 (Dkt. No. 228). Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
APPENDIX OF EXHIBITS TO PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT. Document filed by 2527687. (vn)
LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated February 13, 2019 re: Plaintiff's Property. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Exhibit A, # 2 Declaration of Service)(Uvaydov, Sofya)
LETTER from 2527687 dated 2/1/2019 re: I am writing both of you today, with respect to the issue of the retaliatory transfer on January 11, 2019. Document filed by 2527687.(rdz)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated January 30, 2019 re: I write respectfully to respond to Ms. Uvaydov's January 25, 2019 submission. Document filed by 2527687.(sbr)
MEMO ENDORSEMENT on re: 223 Letter, filed by 2527687. ENDORSEMENT: Defendants are to give Plaintiff his property by 2/12/19. Plaintiff has until 3/8/19 to respond to the Motion to Dismiss. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Responses due by 3/8/2019) (Signed by Judge Kenneth M. Karas on 2/4/2019) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated January 31, 2019 re: Plaintiff's Letters. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Exhibit A, # 2 Declaration of Service)(Uvaydov, Sofya)
MEMO ENDORSEMENT on re: 217 Letter,, filed by Sergeant Funk, Sergeant Castine, Ted Meskunas, Anthony Annucci, Thomas Griffin, Jason Effman, Mr. Quimby, Marissa Ouida, Sergeant Brock, 6BA6C55, Ronald Foster, Denise Sauther, Sergeant Johanneman, 1B43F81, Martha Ball, FFC6590, Sergeant Brown, Jaifa Collado, Sergeant Compo, Joseph Lewis, B2EA735, Steven Maher, C.O. Pollens, Joseph Bonnacci, Eric Guttwein, Sergeant Howard. ENDORSEMENT: Plaintiff is to respond to this letter by 2/11/19. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 1/30/2019) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated January 20, 2019 re: Unless you are willing to issue an order directing the facility to bring me my 2 property bags containing my legal papers and typewriter, I am never going to make the schedule. I don't know when or if they are going to move me. I requested P.C. but I have not received an answer as of yet. Document filed by 2527687.(sbr)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated January 20, 2019 re: If there is in fact a "Rule 12.1 Statement" separate and distinct from the other 4 documents, please send it to me. Document filed by 2527687.(sbr)
DECLARATION of Douglas Botsford in Support re: 217 Letter,,. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Lieutenant Hann, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, Donald Mitchell, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
DECLARATION of Susan Beck in Support re: 217 Letter,,. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, Donald Mitchell, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Exhibit A, # 2 Declaration of Service)(Uvaydov, Sofya)
DECLARATION of Mark Passage in Support re: 217 Letter,,. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Lieutenant Hann, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Declaration of Service)(Uvaydov, Sofya)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE 221 Declaration) - AFFIDAVIT of Douglas Botsford in Support re: 217 Letter. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya) Modified on 1/28/2019 (db).
LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated January 25, 2019 re: Response to Plaintiff A6C9A24 Letter Dated January 17, 2019. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
ENDORSED LETTER addressed to Judge Kenneth M. Karas from A6C9A24 dated 1/17/2019 re: I am writing in reference of my Son, 2527687 Din:15A3706. ENDORSEMENT: Defendants are to provide a detailed response to this Letter by 1/25/19. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Responses due by 1/25/2019) (Signed by Judge Kenneth M. Karas on 1/23/2019) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated January 16, 2019 re: Plaintiff's Transfer. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Exhibit A, # 2 Declaration of Service)(Uvaydov, Sofya)
NOTICE of Local Law 12.1 to Pro Se Litigant Who Opposes a Rule 12 Motion re: 210 MOTION to Dismiss the Second Amended Complaint.. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Uvaydov, Sofya)
MEMORANDUM OF LAW in Support re: 210 MOTION to Dismiss the Second Amended Complaint. . Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, Donald Mitchell, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Uvaydov, Sofya)
MOTION to Dismiss the Second Amended Complaint. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
Mailed a copy of 208 Memo Endorsement, 207 Order on Motion for Leave to File Document, to 2527687 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403 (aea)
MEMO ENDORSEMENT on re: 205 LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated January 3, 2019 re: Opposition to Plaintiff's Letter Motion dated December 18, 2018. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. ENDORSEMENT: The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. Plaintiff's request for a TRO, (Dkt. No. 201), is denied based on his 12/27/18 letter withdrawing his request, and based on Plaintiff's failure to exhaust his administrative remedies with respect to the alleged retaliation. Plaintiff failed to show he was likely to suffer irreparable harm based on receiving a misbehavior report, and he failed to state that he was likely to succeed on the merits. The retaliation Plaintiff alleges is a new claim not related to this case and Plaintiff is reminded that he must properly exhaust new claims, and that unless he can meet the high standard of showing he is likely to suffer irreparable harm, a TRO is not an appropriate remedy. So ordered. (Signed by Judge Kenneth M. Karas on 1/7/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
ORDER granting 206 LETTER MOTION for Leave to File Memorandum of Law In Excess of 25 Pages addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated January 3, 2019. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. Request granted for 35-page limit. So ordered. (Signed by Judge Kenneth M. Karas on 1/7/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
LETTER from 2527687 dated 12/27/2018 re: I write to inform the court that the December 18, 2018 retaliatory misbehavior report situation was resolved. Document filed by 2527687.(rdz)
LETTER MOTION for Leave to File Memorandum of Law In Excess of 25 Pages addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated January 3, 2019. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated January 3, 2019 re: Opposition to Plaintiff's Letter-Motion dated December 18, 2018. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Declaration of Service)(Uvaydov, Sofya)
ENDORSED LETTER: addressed to Judge Kenneth M. Karas from 2527687 dated 12/11/2018 re: I write briefly to object to this eleventh hour request for an adjournment by the defendant's attorney. ENDORSEMENT: This request is Denied. The briefing schedule has been provided and Defendants are entitled to move to dismiss, instead of filing an answer. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/28/2018) (ama) Transmission to Docket Assistant Clerk for processing.
ORDER granting 202 Letter Motion for Extension of Time. Granted. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 12/26/2018) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER MOTION for Extension of Time to Respond to Plaintiff's Letter-Motion dated December 18, 2018 addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated December 21, 2018. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
ENDORSED LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 12/18/2018 re: I am writing you requesting an immediate hearing. ENDORSEMENT: Defendants are entitled to be heard from before the Court will hold a hearing. Accordingly, Defendants are to respond by 12/27/18. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Responses due by 12/27/2018) (Signed by Judge Kenneth M. Karas on 12/21/2018) (jca) Transmission to Docket Assistant Clerk for processing.
MEMO ENDORSEMENT on re: 199 Letter, filed by 2527687. ENDORSEMENT: Plaintiffs documents were mailed back to him on 12/10/18. (See Dkt. (entry for 12/10/18)). If Plaintiff does not receive his originals by 12/31/18, he should notify the Court. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 12/19/2018) (jca) Transmission to Docket Assistant Clerk for processing.
MEMO ENDORSEMENT on re: 197 Letter. ENDORSEMENT: Granted. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Motions due by 1/9/2019. Responses due by 2/8/2019. Replies due by 3/1/2019.) (Signed by Judge Kenneth M. Karas on 12/12/2018) (jwh) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 12/10/18 re: Plaintiff informs the Court that along with his last submission of the Order ot Show Cause, he sent in over 200 exhibits, which were all of them originals due to the fact that the law library photocopy machine was out of order for weeks; and that he would like his original exhibits returned to him. Document filed by 2527687.(sc)
LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated December 12, 2018 re: Defendants' Proposed Briefing Schedule for Their Motion to Dismiss. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
Mailed a copy of 194 Memo Endorsement, Original documents 191 , 188 to 2527687 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea)
Filed: 12/7/2018, Entered: 12/7/2018
Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to 2527687 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403 on 12/7/2018. (nb)
Filed: 12/4/2018, Entered: 12/7/2018
Request for Copy of the updated Docket Sheet Received: Re 196 Letter. Request for Docket Report, from 2527687 received on 12/4/18. Transmission to Pro Se Assistants for processing. (sc)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 11/28/2018 re: I asked that you have the clerk send the originals back after they were imaged. Document filed by 2527687.(rdz)
LETTER from 2527687, dated 11/28/18 re: Plaintiff informs the Court that he sent all of his original documents to the Court; and he requested that the Court return the originals after they were imaged/scanned into CM/ECF. He now requests that the Court provide him with an update on the status of that returnof the originals. Document filed by 2527687.(sc)
MEMO ENDORSEMENT on re: 190 Letter, filed by 2527687. ENDORSEMENT: The Clerk is to mail Plaintiff's original documents back to him (those that were submitted on 11/11/18). SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 12/4/2018) (mml) Transmission to Docket Assistant Clerk for processing.
MEMO ENDORSEMENT on re: 192 Letter, filed by 2527687. ENDORSEMENT: With respect to the Court's 11/8/18 Order (Dkt. No. 184) denying Plaintiff's request to amend his complaint for a third time, Plaintiff is correct that there is currently no Motion to Dismiss pending. The Court intended to refer to Defendants' imminent filings of their Answers to Plaintiffs Second Amended Complaint. On 5/15/2018, the Court set a briefing schedule for Defendants' Motion to Dismiss Plaintiff's First Amended Complaint (Dkt. No. 141), but then granted Plaintiffs request to amend on 07/03/18 (Dkt. No. 151). Plaintiff filed his Second Amended Complaint on 10/12/18 (Dkt. No. 166), and the Court granted Defendants' request for an extension to Answer the Second Amended Complaint on 10/16/18 (Dkt. No. 165; Dkt (entry on 10/16/18)). Defendants' Answers are due in December 2018. The Court maintains that Plaintiff has had plenty of time to collect evidence, and numerous opportunities to amend his complaint, and that the declaration Plaintiff attached at Dkt. No. 182 only adds background narrative to events that Plaintiff has direct knowledge of. Defendants cannot respond to a continuously moving target and this litigation cannot advance until Defendants have an opportunity to respond. The Court will thus consider whether it is appropriate to let Plaintiff amend his complaint again after Answers are filed and the next steps in this litigation become apparent. With respect to the Court's 11/7/18 Order (Dkt. No. 183) denying Plaintiff's TRO request, the Court has reviewed Plaintiff's response and the exhibits submitted (most of which consist of documents such as grievances and letters, many of which the Court has already seen, that are not relevant to the TRO request, and Plaintiff's filings in state court that are also not relevant to the TRO request), and concludes that the Plaintiff has not provided any new evidence or argument that would lead the Court to reconsider its 11/7/18 ruling. Inmates have no right to be housed in a particular correctional facility, Meachum v. Fano, 427 U.S. 215, 224-25 (1976), fear of future retaliation is too speculative to warrant injunctive relief, Heyliger v. Trombley, No. 16-CV-0980, 2017 WL 1064680, at *2 (N.D.N.Y. Mar. 21, 2017), and the relief Plaintiff seeks is not related to the claims in this Action so that a preliminary injunction or a TRO is not a proper remedy in any event, see Stewart v. INS, 762 F.2d 193, 199 (2d Cir. 1985). Plaintiff's subsequent filings do not provide any evidence that would allow the Court to hold otherwise. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 11/30/2018) (mml) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 11/12/18 re: Plaintiff writes that this letter-memorandum is submitted in reply to the defendants' Memorandum of Law in Opposition to Plaintiff's Sixth Request for a Preliminary Injunction with a T.R.O.; and that the Court should grant a hearing with respect to these issues etc. Document filed by 2527687. (Attachments: # 1 Exhibit)(sc)
Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to 2527687 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403 on 11/26/2018. (nb)
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 11/13/18 re: Plaintiff informs the Court that he has never been served with any Motion to Dismiss; and that he recently received a docket sheet and there is nothing on it concerning a Motion to Dismiss etc. Document filed by 2527687.(sc) Modified on 11/28/2018 (sc).
Request for Copy of the updated Docket Sheet Received: Re 190 Letter. Request for Docket Report, from 2527687 received on 11/16/18. Transmission to Pro Se Assistants for processing. (sc)
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 11/13/18 re: Plaintiff informs the Court that he sent his Reply to the Defendants' Memorandum in Opposition to Order to Show Cause along with over 200 pages of exhibits to the Court by giving the envelope to the Law Library Officer on 11/11/18 with a disbursement form, but he does not know whether the Mailroom sent it. Document filed by 2527687.(sc) Modified on 12/6/2018 (sc).
PRO SE MEMORANDUM(Letter) dated 11/8/18 re: CHANGE OF ADDRESS for 2527687. New Address: #15A3706, Marcy C.F., P.O. Box 3600, Marcy, New York, 13403. (sc)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 10/31/18, re: Plaintiff informs the Court that in the last seven days, DOCCS has done everything within their power to terrorize him; and he requests that the Court hold a hearing so that he can make a complete record. Document filed by 2527687.(sc)
MEMO ENDORSEMENT on re: 182 Letter, filed by 25276874A24. ENDORSEMENT: Denied. Plaintiff has had plenty of time to collect evidence that supports his claims in this case, which are based on conduct to which Plaintiff is a direct witness. The attached declaration does not add anything to Plaintiff's allegations of misconduct by Defendants, but only adds some background narrative. There is a Motion to dismiss pending and the Court intends to rule on that Motion. If it is granted, the Court will then consider whether it is appropriate to let Plaintiff again amend his complaint. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 11/8/2018) (mml) Transmission to Docket Assistant Clerk for processing.
ORDER: Accordingly, Plaintiff's application is denied. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at the address listed on the docket. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/7/2018) (mml) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 10/26/18 re: Plaintiff requests that the Court accept this letter-motion seeking leave to file an additional Amended or Supplemental Complaint, because of the discovery of new evidence. Document filed by 25276874A24.(sc)
ORDER granting 173 Letter Motion for Extension of Time. Granted, on the strict condition that Mr. A6C9A24 or 2527687 status will not change until the TRO is resolved. SO ORDERED. Show Cause Response due by 11/7/2018. (Signed by Judge Kenneth M. Karas on 11/02/2018) (ama) Transmission to Docket Assistant Clerk for processing.
DECLARATION of Rachael Seguin in Opposition re: 175 Order to Show Cause - Unsigned. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Exhibit 1)(Uvaydov, Sofya)
DECLARATION of Douglas Botsford in Opposition re: 175 Order to Show Cause - Unsigned. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Uvaydov, Sofya)
DECLARATION of Anne Marie McGrath in Opposition re: 175 Order to Show Cause - Unsigned. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, FNU Campo, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Exhibit 1)(Uvaydov, Sofya)
MEMORANDUM OF LAW in Opposition re: 175 Order to Show Cause - Unsigned . Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, FNU Campo, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
LETTER MOTION for Extension of Time to Respond to Plaintiff's Order to Show Cause dated October 21, 2018 addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated November 1, 2018. Document filed by Anthony Annucci, Martha Ball, 033D807Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
ENDORSED LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 10/21/18 re: proposed order to show cause. ENDORSEMENT: The Defense is to respond to this request for a Preliminary Injunction by Nov. 2, 2018 explaining why Plaintiff is being moved back to Graveland Correctional Facility. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. So Ordered. (Signed by Judge Kenneth M. Karas on 10/31/18) (yv) Transmission to Docket Assistant Clerk for processing.
Mailed a copy of 170 Memo Endorsement, Set Deadlines, 169 Memo Endorsement, 165 Order on Motion for Extension of Time to 2527687 15-A-3706 Marcy Correctional Facility 900 Old River Road Marcy, NY 13403. (aea)
LETTER addressed to Judge Kenneth M. Karas from 2527687, re: Plaintiff writes that he was hoping that the courts would give him relief and stop the abuse, but it has only grown worse, and he cannot even get in front of the judge for a hearing etc. Document filed by 2527687.(sc)
LETTER addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated October 29, 2018 re: Response to Plaintiff's Letter Dated October 11, 2018. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, B2EA735, Sergeant Johanneman, Joseph Lewis, Steven Maher, FFC6590, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, 6BA6C55, Denise Sauther, FNU Trembath. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
Mailed a copy of 170 Memo Endorsement, Set Deadlines, 169 Memo Endorsement, to 2527687 15-A-3706 Groveland Correctional Facility P.O. Box 50 Sonyea, NY 14556. (aea)
MEMO ENDORSEMENT on re: 168 Letter filed by 2527687. The Defense is to respond to this Letter by 10/31/18. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. SO ORDERED. (Responses due by 10/31/2018) (Signed by Judge Kenneth M. Karas on 10/24/2018) (jca) Transmission to Docket Assistant Clerk for processing.
MEMO ENDORSEMENT on re: 167 Letter, filed by 2527687. ENDORSEMENT: The Second Amended Complaint has been received and filed. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/24/2018) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 10/7/18 re: Plaintiff submits this letter(see Doc. 162) with attached Disbursement or Refund Request Statemets from the State of New York Department of Corrections & Community Supervision dated 10/1/18. Document filed by 2527687.(sc) Modified on 10/18/2018 (sc).
Set/Reset Deadlines: 1B43F81 answer due 12/17/2018; Joseph Bonnacci answer due 12/17/2018; FNU Brock answer due 12/17/2018; FNU Brown answer due 12/17/2018; FNU Campo answer due 12/17/2018; FNU Castine answer due 12/17/2018; CAB6301 answer due 12/17/2018; Collado answer due 12/17/2018; First Name Unknown Doe answer due 12/17/2018; Jason Effman answer due 12/17/2018; Ronald Foster answer due 12/17/2018; FNU Funk answer due 12/17/2018; Greenhaven Correctional Facility("GCF") answer due 12/17/2018; Thomas Griffin answer due 12/17/2018; Eric Guttwein answer due 12/17/2018; D. Howard answer due 12/17/2018; FNU Howard answer due 12/17/2018; FNU B2EA735 answer due 12/17/2018; FNU Johannesman answer due 12/17/2018; FNU Kelly answer due 12/17/2018; Carl Koenigsman answer due 12/17/2018; Darwin E. Laclair answer due 12/17/2018; Joseph Lewis answer due 12/17/2018; Steven Maher answer due 12/17/2018; Ted Meskunas answer due 12/17/2018; FNU Norriega answer due 12/17/2018; FNU FFC6590 answer due 12/17/2018; Marissa Ouida answer due 12/17/2018; FNU Pollen answer due 12/17/2018; FNU Quimby answer due 12/17/2018; FNU Reynolds answer due 12/17/2018; FNU Rockwood answer due 12/17/2018; FNU Roe answer due 12/17/2018; FNU Sauther answer due 12/17/2018; FNU Trembath answer due 12/17/2018; 8F3DA4C answer due 12/17/2018. (jca)
LETTER MOTION for Extension of Time to respond to Second Amended Complaint received October 12, 2018 addressed to Judge Kenneth M. Karas from Julinda Dawkins dated October 16, 2018. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, FNU Funk, Thomas Griffin, Eric Guttwein, FNU Howard, FNU B2EA735, FNU Johannesman, Joseph Lewis, Steven Maher, FNU FFC6590, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath. (Attachments: # 1 Declaration of Service)(Dawkins, Julinda)
Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to 2527687 15-A-3706 Groveland Correctional Facility P.O. Box 50 Sonyea, NY 14556 on 10/16/2018. (nb)
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 10/7/18 re: Plaintiff informs the Court that, as they sit through the trial on this case, he intends to present many witnesses: past correction officers, sergeants, maybe higher ranks as well, members of Gay Officers' Action League, Correctional Association of New York etc. Document filed by 2527687.(sc)
Request for Copy of the updated Docket Sheet Received: Re 162 Letter. Request for Docket Report, from 2527687 received on 10/11/18. Transmission to Pro Se Assistants for processing. (sc)
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 10/7/18 re: Plaintiff notifies the Court that he indeed met the Court's deadline for the submission of his Second Amended Complaint by mailing it via the facility's legal mail/disbursement form system because he did not have sufficient stamps for the extra weight. Document filed by 2527687.(sc)
MEMO ENDORSEMENT on re: 160 Letter filed by 2527687. ENDORSEMENT: Plaintiff is given until 9/30 to file his second Amended Complaint. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Amended Pleadings due by 9/30/2018.) (Signed by Judge Kenneth M. Karas on 9/17/2018) (mml) Transmission to Docket Assistant Clerk for processing.
MEMO ENDORSEMENT on re: 158 Letter. Filed by FNU Campo, Collado, Darwin E. Laclair, Anthony Annucci, FNU Trembath, FNU Rockwood, Carl Koenigsman, 8F3DA4C, FNU Norriega, FNU Brock, Ronald Foster, FNU Funk, 1B43F81, FNU Brown, Joseph Lewis, Steven Maher, FNU Howard, Joseph Bonnacci, FNU Sauther, FNU Quimby, FNU FFC6590, Ted Meskunas, FNU Reynolds, Thomas Griffin, FNU Kelly, Jason Effman, Marissa Ouida, FNU Roe, FNU Johannesman, FNU Pollen, Martha Ball, FNU Castine, FNU B2EA735, Eric Guttwein. ENDORSEMENT: If Plaintiff wished to file an Amended Complaint, naming the correct Defendants, he must do so within three weeks of this endorsement. The Court may dismiss the action if Plaintiff fails to do so. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 9/12/2018) (jca) Transmission to Docket Assistant Clerk for processing.
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 9/1/18 re: Plaintiff seeks a short extension of time to file the Second Amended Complaint etc. Document filed by 2527687.(sc)
LETTER addressed to Judge Kenneth M. Karas from Julinda Dawkins dated September 10, 2018 re: Response to Valentin Order (Dkt. No. 157). Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, Ronald Foster, FNU Funk, Thomas Griffin, Eric Guttwein, FNU Howard, FNU B2EA735, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU FFC6590, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Roe, FNU Sauther, FNU Trembath, 8F3DA4C. (Attachments: # 1 Declaration of Service)(Dawkins, Julinda)
MEMO ENDORSEMENT on re: 156 Letter,, filed by 2527687. ENDORSEMENT: The OAG is to provide the name of the investigator from DOCCS Office of Special Investigations to Plaintiff within 30 days, pursuant to Valentin. Plaintiff shall file his Amended Complaint by August 31, 2018. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Amended Pleadings due by 8/31/2018.) (Signed by Judge Kenneth M. Karas on 8/8/2018) (mml)
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 7/29/18 re: Plaintiff submits this letter in response to the Court's Order dated 7/19/18; that he submits that the Court should permit the plaintiff to name the defendant to avoid the necessity of another Amended Complaint; and that the objection raised by the defendants as to releasing the name of the John Doe investigator is at least premature and that the Court should direct counsel to provide the name etc. Document filed by 2527687.(sc)
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 7/23/18 re: Plaintiff requests that the Court issue an order, a copy of which is attached hereto(as indicated), directing the Superintendent to allow him to purchase copies using the advance system set forth in the Departmental Directive for the Law Library. Document filed by 2527687.(sc)
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 7/12/18 re: Plaintiff requests that the Court grant an extension of 30-days in which to file the Amended Complaint, because the defendants' counsel have not yet complied with the Court's Valentin Order in that they have not provided him with the name of the "John Doe" defendant etc. Document filed by 2527687.(sc)
MEMO ENDORSEMENT on re: 152 Letter filed by FNU Sauther, D. Howard, FNU Campo, FNU Quimby, Collado, Darwin E. Laclair, FNU FFC6590, FNU Reynolds, Ted Meskunas, Anthony Annucci, Thomas Griffin, FNU Trembath, FNU Rockwood, Carl Koenigsman, 8F3DA4C, Jason Effman, Marissa Ouida, FNU Johannesman, FNU Norriega, FNU Brock, FNU Pollen, FNU Funk, 1B43F81, Martha Ball, FNU Castine, FNU Brown, Joseph Lewis, Steven Maher, Eric Guttwein, FNU B2EA735, Joseph Bonnacci. ENDORSEMENT: The OAG need only provide name for Defendants whose allegedly improper acts occurred in this District. If Plaintiff thinks he can venue the investigation in this District, he must explain why this is so by 7/30/18. So ordered. The Clerk of Court is directed to mail a copy of this order to the Plaintiff. So ordered. (Signed by Judge Kenneth M. Karas on 7/19/2018) (ne)
LETTER addressed to Judge Kenneth M. Karas from Julinda Dawkins dated July 18, 2018 re: Attaching a copy of plaintiff's letter to the Court requesting an extension of time to file his Second Amended Complaint. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, FNU Funk, Thomas Griffin, Eric Guttwein, D. Howard, FNU B2EA735, FNU Johannesman, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU FFC6590, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, 8F3DA4C. (Attachments: # 1 Exhibit A - Plaintiff's Letter to the Court seeking an Extension of Time, # 2 Declaration of Service)(Dawkins, Julinda)
MEMO ENDORSEMENT: on re: 150 Response, filed by D. Howard, FNU Campo, Collado, Darwin E. Laclair, Anthony Annucci, FNU Trembath, FNU Rockwood, Carl Koenigsman, 8F3DA4C, FNU Norriega, FNU Brock, Ronald Foster, FNU Funk, 1B43F81, FNU Brown, Joseph Lewis, Steven Maher, Joseph Bonnacci, FNU Sauther, FNU Quimby, FNU FFC6590, Ted Meskunas, FNU Reynolds, Thomas Griffin, FNU Kelly, Jason Effman, Marissa Ouida, FNU Johannesman, FNU Pollen, Martha Ball, FNU Castine, FNU B2EA735, Eric Guttwein. ENDORSEMENT: Plaintiff is to file his Second Amended Complaint by 7/24/18. Defendants can either file an Answer or submit a proposed briefing scheduled related to a Motion to Dismiss. The Second Amended Complaint will be the operative complaint going forward, until further Order of the Court. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Amended Pleadings due by 7/24/2018.) (Signed by Judge Kenneth M. Karas on 7/3/2018) (ap)
RESPONSE re: 148 Letter, plaintiff's request to file second amended complaint or in the alternative grant extension of time to file motion to dismiss. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, Ronald Foster, FNU Funk, Thomas Griffin, Eric Guttwein, D. Howard, FNU B2EA735, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU FFC6590, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, 8F3DA4C. (Attachments: # 1 Declaration of Service)(Dawkins, Julinda)
NOTICE OF APPEARANCE by Julinda A. Dawkins on behalf of Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, FNU Funk, Thomas Griffin, Eric Guttwein, FNU Howard, FNU B2EA735, FNU Johannesman, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU FFC6590, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, 8F3DA4C. (Dawkins, Julinda)
LETTER addressed to Judge Kenneth M. Karas from 2527687, dated 6/10/18 re: Plaintiff writes to the Court that he is seeking reconsideration of the Court-ordered briefing schedule set on 5/15/18, in response to the defendants' pre-motion conference letter, dated 5/7/18; and that he requests that the briefing schedule be vacated etc. Document filed by 2527687.(sc) (Additional attachment(s) added on 6/22/2018: # 1 Envelope) (sc).
Mailed a copy of 147 Order on Motion for Extension of Time to 2527687, 15-A-3706, Groveland Correctional Facility, P.O. Box 50, Sonyea, NY 14556. (rro)
Filed: 6/8/2018, Entered: 6/8/2018
Transmission to Docket Assistant Clerk. Transmitted re: 147 Order on Motion for Extension of Time to the Docket Assistant Clerk for case processing. (ne)
Filed: 6/8/2018, Entered: 6/8/2018
Set/Reset Deadlines: Motions due by 7/16/2018. Responses due by 8/16/2018 Replies due by 9/6/2018. (ne)
ORDER granting 146 Letter Motion for Extension of Time. Granted. This letter is to be mailed to Plaintiff. So ordered. (Signed by Judge Kenneth M. Karas on 6/8/2018) (ne) Modified on 6/11/2018 (ne).
LETTER MOTION for Extension of Time To Respond To Complaint addressed to Judge Kenneth M. Karas from Daniel Schulze dated June 7, 2018. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, Ronald Foster, FNU Funk, Thomas Griffin, Eric Guttwein, D. Howard, FNU Howard, FNU B2EA735, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU FFC6590, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, 8F3DA4C. (Attachments: # 1 Certificate of Service)(Schulze, Daniel)
PRO SE MEMORANDUM(Letter) dated 5/27/18 re: CHANGE OF ADDRESS for 2527687. New Address: #15A3706, Groveland C.F., P.O. box 50, Sonyea, New York, 14556. (sc)
NOTICE OF CHANGE OF ADDRESS by Sofya Uvaydov on behalf of Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, Ronald Foster, FNU Funk, Thomas Griffin, Eric Guttwein, D. Howard, FNU Howard, FNU B2EA735, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU FFC6590, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, 8F3DA4C. New Address: New York State Office of the Attorney General, 28 Liberty Street, New York, NY, USA 10005, 212-416-6551. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
MEMO ENDORSEMENT on re: 142 Letter, filed by 2527687. Mr. 2527687 or A6C9A24 will be given a full opportunity to respond to the motion to dismiss, when it is filed. So ordered. (Signed by Judge Kenneth M. Karas on 5/23/2018) (ne)
LETTER addressed to Judge Kenneth M. Karas & Counsel from 2527687 dated 5/13/2018 re: I just received the defendants' letter for a pre-motion conference yesterday. Today, before I could write a reply, I was finally packed-up to the moved. I am therefore asking for a short adjournment of the time to file my answer. I will send it as soon as I get to my new Facility, get my property, and get to the law library. Document filed by 2527687.(vn)
Mailed a copy of 141 Order on Motion for Conference to 2527687 15-A-3706 Greenhaven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000. (mhe)
Filed: 5/15/2018, Entered: 5/15/2018
Transmission to Docket Assistant Clerk. Transmitted re: 141 Order on Motion for Conference to the Docket Assistant Clerk for case processing. (mml)
Filed: 5/15/2018, Entered: 5/15/2018
Set/Reset Deadlines: Motions due by 6/15/2018. Responses due by 7/15/2018. Replies due by 8/5/2018. (mml)
ORDER terminating 129 Letter Motion for Conference. Defendants' Motion to Dismiss is due 6/15/18. Plaintiff is to respond by 7/15/18. Defendants are to reply by 8/5/18. The Clerk is to mail a copy of this to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/15/2018) (mml)
RESPONSE TO ORDER TO SHOW CAUSE re: 139 Order to Show Cause,,. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, Ronald Foster, FNU Funk, Thomas Griffin, Eric Guttwein, D. Howard, FNU Howard, FNU B2EA735, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU FFC6590, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, 8F3DA4C. (Attachments: # 1 Exhibit A, # 2 Declaration of Service)(Uvaydov, Sofya)
ORDER: As of the date of this Order, Plaintiff's transfer, which was approved in November 2017, has yet to be completed. Given the length of the delay, Defendants are hereby ordered to show cause, by no later than May 14, 2018, why Plaintiff has not yet been transferred or why Plaintiff will not be transferred. Failure to respond or provide adequate reason for the delay in Plaintiff's transfer could result in a Court Order directing transfer of Plaintiff immediately. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at the address listed on the docket, and as further set forth in this order. (Signed by Judge Kenneth M. Karas on 5/9/2018) (ap) Modified on 5/10/2018 (ap).
LETTER addressed to Judge Kenneth M. Karas & Counsel from 2527687 dated 5/1/2018 re: Today is May 1, 2018, and notwithstanding defense counsels' monthly representations, that I would be moved this month, I am still here in Green Haven. Accordingly, and for the record, I repeat and re-iterate my request for the Court to intercede. Document filed by 2527687.(vn)
LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated May 7, 2018. Document filed by Anthony Annucci, Martha Ball, 1B43F81, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, Ronald Foster, FNU Funk, Thomas Griffin, Eric Guttwein, D. Howard, FNU B2EA735, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU FFC6590, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, 8F3DA4C. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to 8F3DA4C. Attempted Service of Summons and Amended Complaint,,. Service was attempted on 04/23/2018. Document filed by 2527687. (mhe)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to D. Howard. Attempted Service of Summons and Amended Complaint,,. Service was attempted on 04/23/2018. Document filed by 2527687. (mhe)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Brock served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by 2527687. (rro)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Howard served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by 2527687. (rro)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Kelly served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by 2527687. (rro)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. Eric Guttwein served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by 2527687. (rro)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Jane Doe. Attempted Service of Summons and Amended Complaint,,. Service was attempted on 4/23/2018. Document filed by 2527687. (rro)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Pollen served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by 2527687. (rro)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. FNU Norriega served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by 2527687. (rro)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Trembath served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by 2527687. (rro)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. FNU Rockwood served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by 2527687. (rro)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU FFC6590 served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by 2527687. (rro)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. FNU Funk served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by 2527687. (rro)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Johannesman served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by 2527687. (rro)
LETTER from 2527687 dated 4/6/18 re: Plaintiff informs the Court that he received a receipt from the U.S. Marshal's Service stating that CAB6301, R.N. could not be identified as an employee; and he requests that the Attorney General's Office look into this matter. Document filed by 2527687.(sc)
LETTER from 2527687 dated 4/23/2018 re: At some point, someone must do their job, and compel DOCCS to move me, as DOCCS has already determined, yet not followed through on. Document filed by 2527687.(man)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Steven Maher served on 4/10/2018, answer due 5/7/2018. Service was accepted by Mark Richter, Asst. Counsel. Document filed by 2527687. (sc)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Joseph Lewis served on 4/13/2018, answer due 5/7/2018. Service was accepted by Ellen Jack, HRC II. Document filed by 2527687. (sc)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Ted Meskunas served on 4/13/2018, answer due 5/7/2018. Service was accepted by Ellen Jack, IRC II. Document filed by 2527687. (sc) Modified on 5/8/2018 (sc).
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. FNU Brock served on 4/13/2018, answer due 5/14/2018. Service was accepted by Ellen Jack, IRC II. Document filed by 2527687. (sc)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. FNU Campo served on 4/13/2018, answer due 5/7/2018. Service was accepted by Ellen Jack, IRC II. Document filed by 2527687. (sc)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. FNU Castine served on 4/18/2018, answer due 5/9/2018. Service was accepted by Ellen Jack, IRC II. Document filed by 2527687. (sc)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Martha Ball served on 4/10/2018, answer due 5/7/2018. Service was accepted by Mark Richter, Asst. Counsel. Document filed by 2527687. (sc)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Joseph Bonnacci served on 4/10/2018, answer due 5/7/2018. Service was accepted by Mark Richter, Asst. Counsel. Document filed by 2527687. (sc)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Carl Koenigsman served on 4/10/2018, answer due 5/8/2018. Service was accepted by Mark Richter, Asst Counsel. Document filed by 2527687. (sc)
MANDATE of USCA (Certified Copy) USCA Case Number 17-3785. Petitioner, pro se, has filed a petition for a writ of mandamus and moves for leave to proceed in forma pauperis and an injunction. Upon due consideration, it is hereby ORDERED that the motion for leave to proceed in forma pauperis is GRANTED for the purpose of filing the mandamus petition. It is further ORDERED that the mandamus petition is DENIED because Petitioner has not demonstrated a clear and indisputable right to the requested relief or that he lacks adequate alternative means to obtain the relief. See Linde v. Arab Bank, PLC, 706 F.3d 92, 107- 08 (2d Cir. 2013). It is further ORDERED that the motion for an injunction is DENIED as moot.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/24/2018. (nd)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 4/15/2018 re: It is now April 15, 2018, and according to the Lieutenant, he sees NOTHING about me being transferred this month. Document filed by 2527687.(man)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 4/6/2018 re: On March 10, 2018, I received a receipt from the U.S. Marshal's Service, stating that CAB6301, R.N. could not be identified as an employee. Document filed by 2527687.(man)
LETTER from 2527687 dated 3/22/2018 re: I enclose herewith copies of a letter written by Eugene Randolph, one of the key witnesses in my case. Document filed by 2527687.(man)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated March 21, 2018 re: I write to you, AGAIN, concerning my safety and welfare at Greenhaven, and to advise you both as to the latest antics at Greenhaven. I am therefore asking, YET AGAIN, for an order directing that the defendants SHOW CAUSE why the court should not direct my IMMEDIATE TRANSFER to the facility to which I have ALREADY been transferred, NOW OVER 5 MONTHS. Document filed by 2527687. (sac)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 3/13/2018 re: I am asking for permission to file these documents, and that you Honor order an IMMEDIATE hearing for my ORDER TO SHOW CAUSE. Document filed by 2527687.(vn)
LETTER addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated March 22, 2018 re: Plaintiff's Transfer. Document filed by Anthony Annucci, 1B43F81, Collado, Jason Effman, Thomas Griffin. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. Marissa Ouida served on 3/14/2018, answer due 5/14/2018. Service was made by Mail. Document filed by 2527687. (rro)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU B2EA735 served on 3/5/2018, answer due 5/4/2018. Service was accepted by Ronald Javis - Self. Document filed by 2527687. (mhe)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Reynolds served on 3/5/2018, answer due 5/4/2018. Service was accepted by Richard Reynolds - Self. Document filed by 2527687. (mhe)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Quimby served on 2/23/2018, answer due 4/24/2018. Service was accepted by F. Quimby - Self. Document filed by 2527687. (mhe)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. FNU Sauther served on 2/23/2018, answer due 4/24/2018. Service was accepted by D. Sauther - Self. Document filed by 2527687. (mhe)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Ronald Foster served on 3/5/2018, answer due 5/4/2018. Service was accepted by Ronald Foster - Self. Document filed by 2527687. (mhe)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Darwin E. Laclair served on 2/26/2018, answer due 4/27/2018. Service was accepted by Darwin Laclair - Self. Document filed by 2527687. (mhe)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 3/11/2018 re: Enclosed herewith please find a copy of a letter sent by EUGENE RANDOLPH to his attorney. Document filed by 2527687.(vn)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 3/10/2018 re: I write this letter respectfully to request permission from the Court to file, and to provide you with copies of the proposed ORDER TO SHOW CAUSE and EMERGENCY DECLARATIONS, seeking that my previously authorized transfer he affected immediately, and without further delay. Document filed by 2527687.(vn)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 3/4/2018 re: I write this letter to document further violations of my civil rights occurring between March 3, 2018 and March 4, 2018 at Green Haven Correctional Facility. Document filed by 2527687.(man)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to CAB6301. Attempted Service of Summons and Amended Complaint. Service was attempted on 3/1/18. Document filed by 2527687. (sc)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 2/12/2018 re: Since DOCCS has me held in limbo pending the transfer, with no realistic date in sight, and since you will not issue an order DIRECTING them to move me,... Document filed by 2527687.(vn)
LETTER addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated February 6, 2018 re: Plaintiff's Transfer. Document filed by Anthony Annucci, 1B43F81, Collado, Jason Effman, Thomas Griffin. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 1/31/2018 re: To begin, it is now February 1, 2018, and I have still not been transferred, even though the DOCCS Computer lists me as "pending transfer action". Document filed by 2527687.(man)
Mailed a copy of 88 Order on Motion for Extension of Time to 2527687, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 4000, Stormville, NY 12582-4000. (mhe)
Filed: 2/5/2018, Entered: 2/5/2018
Transmission to Docket Assistant Clerk. Transmitted re: 88 Order on Motion for Extension of Time, to the Docket Assistant Clerk for case processing. (rj)
Filed: 2/5/2018, Entered: 2/5/2018
Set/Reset Deadlines: Anthony Annucci answer due 5/7/2018; Martha Ball answer due 5/7/2018; 1B43F81 answer due 5/7/2018; Joseph Bonnacci answer due 5/7/2018; FNU Brock answer due 5/7/2018; FNU Brown answer due 5/7/2018; FNU Campo answer due 5/7/2018; FNU Castine answer due 5/7/2018; CAB6301 answer due 5/7/2018; Collado answer due 5/7/2018; First Name Unknown Doe answer due 5/7/2018; Ronald Foster answer due 5/7/2018; FNU Funk answer due 5/7/2018; Greenhaven Correctional Facility("GCF") answer due 5/7/2018; Thomas Griffin answer due 5/7/2018; Eric Guttwein answer due 5/7/2018; D. Howard answer due 5/7/2018; FNU Howard answer due 5/7/2018; FNU B2EA735 answer due 5/7/2018; FNU Johannesman answer due 5/7/2018; FNU Kelly answer due 5/7/2018; Carl Koenigsman answer due 5/7/2018; Darwin E. Laclair answer due 5/7/2018; Joseph Lewis answer due 5/7/2018; Steven Maher answer due 5/7/2018; Ted Meskunas answer due 5/7/2018; FNU Norriega answer due 5/7/2018; FNU FFC6590 answer due 5/7/2018; Marissa Ouida answer due 5/7/2018; FNU Pollen answer due 5/7/2018; FNU Quimby answer due 5/7/2018; FNU Reynolds answer due 5/7/2018; FNU Rockwood answer due 5/7/2018; FNU Roe answer due 5/7/2018; FNU Sauther answer due 5/7/2018; FNU Trembath answer due 5/7/2018. (rj)
ORDER granting 87 Letter Motion for Extension of Time. Granted. SO ORDERED. The Clerk of the court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 2/4/2017) (rj)
LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated February 2, 2018. Document filed by Anthony Annucci, 1B43F81, Collado, Jason Effman, Thomas Griffin. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
Mailed a copy of 85 Order of Service to 2527687 15-A-3706 Greenhaven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000 (nb)
Filed: 1/24/2018, Entered: 1/24/2018
FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 1/24/2018 Re: Judge Kenneth M. Karas 85 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Martha Ball, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, CAB6301, Jane Doe Deputy Superintendent for Programs, Ronald Foster, FNU Funk, Eric Guttwein, D. Howard, FNU Howard, FNU B2EA735, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU FFC6590, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, 8F3DA4C. (nb)
Filed: 1/24/2018, Entered: 1/24/2018
SUMMONS ISSUED as to Martha Ball, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, CAB6301, Jane Doe Deputy Superintendent for Programs, Ronald Foster, FNU Funk, Eric Guttwein, D. Howard, FNU Howard, FNU B2EA735, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU FFC6590, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, 8F3DA4C. (nb)
ORDER OF SERVICE: To allow Plaintiff to effect service on the newly named defendants through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each of these defendants, listed after the signature page of this Order. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon these defendants. The Marshals Service shall notify the Office of Pro Se Litigation if service was unexecuted as to any defendant. The Marshals Service shall also notify the Office of Pro Se Litigation when they have completed service of all defendants. The Office of Pro Se Litigation shall promptly notify the Court if service is not effected. Rule 4(m) of the Federal Rules of Civil Procedure generally requires service of the summons and complaint to be completed within 90 days of the date the summons issues, and it is Plaintiff's responsibility to request, if necessary, an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). Plaintiff also must notify the Court in writing if his address changes, and the Court may dismiss the action if he fails to do so. The Clerk of Court is directed to mail a copy of this order to Plaintiff. SO ORDERED. USM-285 Form due by 2/22/2018. Request for Issuance of Summons due by 2/22/2018. (Signed by Judge Kenneth M. Karas on 1/23/2018) (mml)
Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to 2527687 15-A-3706 Greenhaven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000 on 1/22/2018. (nb)
Filed: 1/19/2018, Entered: 1/22/2018
Request for Copiesof the updated Docket Sheet Received: Re (10 in 1:18-cv-00037-UA, 31 in 1:18-cv-00036-UA, 84 in 7:17-cv-04698-KMK) Letter. Request for Docket Report, from 2527687 received on 1/19/18. Transmission to Pro Se Assistants for processing. (sc)
LETTER from 2527687, dated 1/16/18 re: Plaintiff requests that the Court inform him of the status of the aforementioned cases. Document filed by 2527687, 2527687.(sc)
LETTER addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated January 4, 2018 re: Plaintiff's December 29, 2017 Letter. Document filed by Anthony Annucci, 1B43F81 or 033D807, Collado, Jason Effman, Griffin. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 12/29/2017 re: I am attaching TWO letters from the Attorney General. Document filed by 2527687.(vn)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 12/21/2017 re: I received the letter of December 15, 2017 indicating that the medical hold expires as of December 21, 2017, and that "the transfer will occur sometime thereafter". Document filed by 2527687.(man)
MEMO ENDORSEMENT on re: 75 Letter, filed by 2527687. ENDORSEMENT: The Parties are to update the Court on the status of Plaintiff's transfer by February 1, 2018 or upon Plaintiff's transfer if prior to that date. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 12/21/2017) (ras)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 12/15/2017 re: Today, December 15, 2017, I confirmed with one of the Offender Rehabilitation Counselors that I am indeed scheduled to be transferred. Document filed by 2527687.(vn)
MEMO ENDORSEMENT on re: 73 Letter filed by 2527687. ENDORSEMENT: Counsel for Defendants are to inform the Court when the transfer is final. (Signed by Judge Kenneth M. Karas on 12/15/2017) (cf)
LETTER addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated December 15, 2017 re: Plaintiff's Transfer. Document filed by Anthony Annucci, 033D807 or 1B43F81, Collado, Jason Effman, Griffin. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 12/09/2017 re: THREATS BY SERGEANT KATZ TO PREVENT ME FROM USING THE GRIEVANCE PROCESS, PREVENTING ME FROM EXHAUSTING ADMINISTRATIVE REMEDIES. Document filed by 2527687.(vn)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 12/8/2017 re: I realize this letter is two days early, however, today, Friday, December 8, 2017, I showed the Memo Endorsed Letter to a Lieutenant, the Watch Commander. Document filed by 2527687.(vn)
ENDORSED LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 11/20/2017 re: Awaiting permission from the Court to respond and/or cross-move. ENDORSEMENT: The Clerk is to docket this letter. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/7/2017) (mml)
Mailed a copy of 69 Order on Motion for Miscellaneous Relief to 2527687, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 4000, Stormville, NY 12582-4000. (rro)
Filed: 12/7/2017, Entered: 12/7/2017
Transmission to Docket Assistant Clerk. Transmitted re: 69 Order on Motion for Miscellaneous Relief to the Docket Assistant Clerk for case processing. (ap)
ORDER: denying as moot 53 Motion. While Defendants' Motion was pending, Plaintiff in fact paid the full filing fee as would have been required had his IFP status been revoked. (See Dkt. (entry for December 7, 2017).) Accordingly, because Plaintiff has already paid his filing fee in full, Defendants' Motion To Revoke Plaintiff's IFP Status is denied as moot. Plaintiff's fourth application for injunctive relief, seeking his transfer from Greenhaven, appears to have also been rendered moot by his imminent transfer from Greenhaven to an unspecified, medium security wheelchair accessible facility. (See Order (November 27, 2017) (Dkt. No. 66).) Therefore, the Court will not address the merits of that application at this time. The Parties are to inform the Court by December 18, 2017 if Plaintiff has been transferred. If Plaintiff has not been transferred at that time, the Parties are instructed to inform the Court as to whether Plaintiff's transfer remains imminent. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff and terminate the pending Motion. (Dkt. No. 53.), and as further set forth in this order. (Signed by Judge Kenneth M. Karas on 12/7/2017) (ap) Modified on 12/8/2017 (ap). Modified on 12/8/2017 (ap).
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 11/29/2017 re: This letter-brief is respectfully submitted in response to the defendants' memorandum of law in reply to my opposing memorandum. Document filed by 2527687.(vn)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 11/27/2017 re: I write respectfully to provide the Court with proof that the ENTIRE docket fee has now been collected by the NYSDOCCS. Document filed by 2527687.(vn)
MEMO ENDORSEMENT on re: 64 Letter, filed by Collado, Griffin, Jason Effman, 033D807 or 1B43F81, Anthony Annucci. ENDORSEMENT: Given this letter, Plaintiff's most recent preliminary injunction request, to move facilities, would be moot. If Plaintiff is not moved by 12/11/17, he is to notify the Court. Also, the Clerk is to mail a copy of this memo-endorsed document to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/27/2017) (mml)
LETTER addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated November 22, 2017 re: Plaintiff's November 13, 2017 Letter. Document filed by Anthony Annucci, 1B43F81 or 033D807, Collado, Jason Effman, Griffin. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 11/13/2017 re: Today, I was advised by one of the counselors that a request has been put in for a transfer to a wheelchair-accessible Medium Security facility. Document filed by 2527687.(man)
REPLY MEMORANDUM OF LAW in Support re: 53 CROSS MOTION To Revoke In Forma Pauperis . . Document filed by Anthony Annucci, 033D807 or 1B43F81, Collado, Jason Effman, Griffin. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' NOTICE OF CROSS-MOTION TO REVOKE IN FORMA PAUPERIS re: 53 CROSS MOTION To Revoke In Forma Pauperis. Document filed by 2527687. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(man)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 10/24/2017 re: I write respectfully to object to your orders dated September 12, 2017, as amended by the MEMO ENDORSEMENT of October 10, 2017, which I received on October 20, 2017. Document filed by 2527687.(vn)
ENDORSED LETTER: addressed to Judge Kenneth M. Karas, from A6C9A24, dated October 16, 2017, re: 2527687. ENDORSEMENT: Defendant is to respond to this letter by 11/10/17. So Ordered. (Signed by Judge Kenneth M. Karas on 10/30/2017) (ap)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 10/19/2017 re: On October 18, 2017, I received the defendants' letter requesting a pre-motion conference regarding a motion to dismiss. I respectfully submit this letter, in accordance with the Court's Individual Rules of Practice, and in opposition thereto. I also request the Court to consider this letter as a cross-request for a pre-motion conference for sanctions against counsel. Document filed by 2527687.(man)
ORDER: Accordingly, Plaintiff is hereby instructed to submit any memorandum in opposition to Defendants' Motion regarding Plaintiff's in forma pauperis status, limited to 25 pages, by November 13, 2017. Plaintiff is cautioned that other than his memorandum in opposition to Defendants' Motion, he shall file no new motions, shall file no supplemental material in support of any pending motions for preliminary relief, and shall make no further applications to this Court until the Court has ruled on Defendants' Motion to Revoke Plaintiff's In Forma Pauperis Status. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. (Responses due by 11/13/2017.) (Signed by Judge Kenneth M. Karas on 10/24/2017) (mml)
DECLARATION of Robert Bentivegna M.D. in Opposition re: 38 MOTION.. Document filed by Anthony Annucci, 033D807 or 1B43F81, Collado, Jason Effman, Griffin. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
MEMORANDUM OF LAW in Opposition re: 38 MOTION. And In Support of Cross-Motion To Revoke In Forma Pauperis. Document filed by Anthony Annucci, 1B43F81 or 033D807, Collado, Jason Effman, Griffin. (Attachments: # 1 Exhibit A, # 2 Declaration of Service)(Uvaydov, Sofya)
CROSS MOTION To Revoke In Forma Pauperis . Document filed by Anthony Annucci, 033D807 or 1B43F81, Collado, Jason Effman, Griffin. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 10/14/2017 re: I write respectfully to respond to the NYS Attorney General's comments in her October 10, 2017 letter to the Court. Document filed by 2527687.(man)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 10/6/2017 re: I write respectfully--and separately--to supplement my earlier letter. Document filed by 2527687.(vn)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 10/6/2017 re: I am therefore imploring your Honor to hold an immediate hearing. Document filed by 2527687.(vn)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 10/10/2017 re: As predicted in my letter dated October 10, 2017, defendant BENTIVEGNA has again engaged in retaliatory conduct. Document filed by 2527687.(vn)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 10/11/2017 re: Just a follow up to provide you with documentation providing Dr. Bentivegna and FDS Collado are acting in retaliation. Document filed by 2527687.(vn)
LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated October 13, 2017. Document filed by Anthony Annucci, 1B43F81 or 033D807, Collado, Jason Effman, Griffin. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 10/10/2017 re: This letter is respectfully submitted in accordance with the Court's Order dated September 12, 2017. Document filed by 2527687.(man)
MEMO ENDORSEMENT on re: 43 LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 9/20/2017 re: I write respectfully to ask whether, in light of your direction in the September 12, 2017 Order, am I also directed to refrain from sending you supplemental material to consider in conjunction with the preliminary injunction application. Document filed by 2527687. ENDORSEMENT: Pursuant to the Court's September 12, 2017 order, Plaintiff is instructed to refrain from sending any additional materials regarding his fourth request for a preliminary injunction. The Clerk of Court is directed to mail a copy of this order to Plaintiff. So ordered. (Signed by Judge Kenneth M. Karas on 10/10/2017) (rjm)
LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated October 6, 2017. Document filed by Anthony Annucci, 033D807 or 1B43F81, Collado, Jason Effman, Griffin. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
LETTER addressed to The Pro Se Office from 2527687 dated 9/20/2017 re: Please provide me with a copy of the list of Pro Bono Attorneys on the Panel established according to the Local Rules of the Southern District of New York. (rjm)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 9/20/2017 re: I write respectfully to ask whether, in light of your direction in the September 12, 2017 Order, am I also directed to refrain from sending you supplemental material to consider in conjunction with the preliminary injunction application. Document filed by 2527687. (Attachments: # 1 Attachment)(vn)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 9/14/2017 re: I felt the need to write you briefly and advise the Court that I will be sending additional affidavits and documents for the Court to consider in conjunction with the motion for a preliminary injunction. Document filed by 2527687.(vn)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 9/7/2017 re: I write respectfully to advise the Court and counsel with respect to two matters. Document filed by 2527687.(man)
ORDER: Accordingly, Plaintiff is hereby ORDERED to submit a letter, within thirty days of this order, explaining why these newly-asserted claims related to alleged incidents taking place at Franklin should not be dismissed for improper venue under Federal Rule of Civil Procedure 12(b)(3), as set forth in this Order. Defendants are instructed to respond to this fourth request for injunctive relief by October 10, 2017, and specifically to address Plaintiff's allegations in full, including all claims related to wheelchair accessibility. Additionally, Plaintiff is instructed to cease filing motions seeking preliminary relief arising out of the same set of facts that are at issue in his four prior submissions to the Court. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. (Signed by Judge Kenneth M. Karas on 9/12/2017) (mml)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 8/30/2017 re: I write this letter respectfully in reference to and further support of my August 14, 2017 letter about the prison grievance system. Document filed by 2527687.(man)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 9/5/2017 re: I write this letter, respectfully, in accordance with your Honor's local rules of practice, for a pre-motion conference. Document filed by 2527687.(man)
Mailed a copy of 26 Order on Motion for Extension of Time, to 2527687, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 400, Stormville, NY 12582-4000. (rro)
Filed: 8/31/2017, Entered: 8/31/2017
Transmission to Docket Assistant Clerk. Transmitted re: 26 Order on Motion for Extension of Time to the Docket Assistant Clerk for case processing. (ap)
ORDER: granting 25 Letter Motion for Extension of Time. Plaintiff is to provide the information requested by counsel for Defendants within 30 days of this Order, which is to be mailed to Plaintiff. So ordered. (Signed by Judge Kenneth M. Karas on 8/30/2017) (ap)
LETTER MOTION for Extension of Time and for an Order requiring Plaintiff to provide further information regarding individuals to be identified in Valentin Order addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated August 28, 2017. Document filed by Anthony Annucci, 033D807 or 1B43F81, Collado, Jason Effman, Griffin. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. 033D807 or 1B43F81 served on 8/14/2017, answer due 10/13/2017. Service was made by Mail, signed and returned by Sofya Uvaydov, AAG NYS. Document filed by 2527687. (sc)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Collado served on 8/14/2017, answer due 10/13/2017. Service was made by Mail, signed and returned by Sofya Uvaydov, AAG NYS. Document filed by 2527687. (sc)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Griffin served on 8/14/2017, answer due 10/13/2017. Service was made by Mail, signed and returned by Sofya Uvaydov, AAG NYS. Document filed by 2527687. (sc)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Anthony Annucci served on 8/14/2017, answer due 10/13/2017. Service was made by Mail, signed and returned by Sofya Uvydov, AAG NYS. Document filed by 2527687. (sc)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Jason Effman served on 8/14/2017, answer due 10/13/2017. Service was made by Mail, signed and returned by Sofya Uvaydov, AAG NYS. Document filed by 2527687. (sc)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 8/14/2017 re: I write to respond to the defendant's letter dated August 8, 2017. Document filed by 2527687. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(vn)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 8/3/2017 re: I write respectfully in response to the N.Y.S. Attorney General's July 18, 2017 Letter, which I received on or about July 26, 2017. Document filed by 2527687. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3)(vn)
Received Return Receipt of 2 Complaint, 10 Order of Service, as to Attorney General of the State of New York, 120 Broadway, New York, New York 10271, which was served by Certified Mail #7016 2070 0001 1546 6695, on 7/17/2017. (jgo)
LETTER from 2527687 dated 8/7/2017 re: REQUEST FOR OMH/MENTAL HEALTH RECORDS BY NYS ATTORNEY GENERAL FOR LITIGATION PURPOSES IN FEDERAL COURT. Document filed by 2527687.(vn)
DECLARATION of JOSEPH BONACCI in Support re: 20 Memorandum of Law in Opposition. Document filed by Anthony Annucci, 033D807 or 1B43F81, Collado, Jason Effman, Griffin. (Uvaydov, Sofya)
MEMORANDUM OF LAW in Opposition re: 4 Order to Show Cause - Unsigned, 15 Letter . Document filed by Anthony Annucci, 033D807 or 1B43F81, Collado, Jason Effman, Griffin. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
MEMO ENDORSED on re: 17 Letter, filed by Collado, Jason Effman, 033D807 or 1B43F81, Anthony Annucci. ENDORSEMENT: Defendants must respond to the first two applications only. The Clerk of Court is directed to mail a copy of this Order to Plaintiff's address on the docket. So Ordered (Signed by Judge Kenneth M. Karas on 8/9/2017) (js)
LETTER addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated August 8, 2017 re: Plaintiff's Proposed Orders to Show Cause. Document filed by Anthony Annucci, 033D807 or 1B43F81, Collado, Jason Effman. (Attachments: # 1 Exhibit A, # 2 Declaration of Service)(Uvaydov, Sofya)
NOTICE OF APPEARANCE by Sofya Uvaydov on behalf of Anthony Annucci, 1B43F81 or 033D807, Collado, Jason Effman. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
LETTER addressed to Judge Kenneth M. Karas from 2527687 dated 7/20/2017 re: I write this letter, respectfully, to advise the court of the latest events. Document filed by 2527687.(vn)
LETTER from S. Edwards, Correspondence Clerk at Franklin Correctional Facility, dated 7/27/17 re: The Court is informed that the inmate, 2527687, is temporarily absent from the aforementioned facility; and that his mail is being held at this facility until the inmate's return. (sc)
Mailed a copy of 13 Order on Motion for Extension of Time, to 2527687 15-A-3706 Greenhaven Correctional Facility P.O. Box 400 Stormville, NY 12582: 2527687 15-A-3706 Franklin Correctional Facility 62 Bare Hill Road P.O. Box 10 Malone, NY 12953-0010. (jgo)
Filed: 7/21/2017, Entered: 7/24/2017
Transmission to Docket Assistant Clerk. Transmitted re: 13 Order on Motion for Extension of Time to the Docket Assistant Clerk for case processing. (mml)
ORDER granting 12 Letter Motion for Extension of Time. ENDORSEMENT: Granted. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at both addresses listed on this letter. Show Cause Response due by 8/10/2017. (Signed by Judge Kenneth M. Karas on 7/21/2017) (mml)
LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated July 20, 2017. Document filed by Anthony Annucci. (Attachments: # 1 Declaration of Service)(Uvaydov, Sofya)
Received Return Receipt of Mail Order by Certified Mail as to Attorney General of State of NY, which was served by Certified Mail # 7002 2030 0003 8674 9168, on 07/13/2017. (rro)
Filed: 7/13/2017, Entered: 7/13/2017
Mailed a copy of 3 Prisoner Authorization, 7 Order Granting IFP Application in Prisoner Case to 2527687, 15-A-3706, Franklin Correctional Facility, 62 Bare Hill Road, P.O. Box 10, Malone, NY 12953-0010; Superintendent, Franklin Correctional Facility, 62 Bare Hill Road, P.O. Box 10, Malone, NY 12953-0010; 2527687, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 400, Stormville, NY 12582-4000; and Superintendent, Greenhaven Correctional Facility, 594 Rt. 216, Stormville, NY 12582-4000. (rro)
Filed: 7/12/2017, Entered: 7/12/2017
Mailed a copy of 7 Order Granting IFP Application in Prisoner Case 8 Order of Service, 11 Order to 2527687, 15-A-3706, Franklin Correctional Facility, 62 Bare Hill Road, P.O. Box 10, Malone, NY 12953-0010. (rro)
Filed: 7/12/2017, Entered: 7/12/2017
Mailed a copy of 11 Order to 2527687, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 400, Stormville, NY 12582-4000. (rro)
Filed: 7/12/2017, Entered: 7/12/2017
Transmission to Docket Assistant Clerk. Transmitted re: 11 Order to the Docket Assistant Clerk for case processing. (rjm)
ORDER. The Court has been apprised that although all of Plaintiff's correspondence has been addressed from Greenhaven Correctional Facility, he may now be housed again at Franklin Correctional Facility. Accordingly, the Clerk of Court is respectfully directed to mail a copy of the previous Order, (see Dkt. No. 10), to Plaintiff's address at Franklin Correctional Facility: 2527687, 15-A-3706, Franklin Correctional Facility, 62 Bare Hill Road, P.O. Box 10, Malone, NY 12953-0010. The Clerk of Court is further directed to mail a copy of this Order to both Plaintiff's address at Franklin Correctional Facility, listed above, and the address listed on the docket. Plaintiff is advised that it is his responsibility to apprise the Court of any changes in address. Plaintiff should respond to this Order as soon as possible to apprise the Court of his current address. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/12/2017) (rjm)
Mailed a copy of 2 Complaint, 10 Order of Service to Attorney General of the State of New York, 120 Broadway, New York, New York 10271 by Certified Mail # 7016 2070 0001 1546 6695 with Return Receipt Requested. (rro)
Filed: 7/12/2017, Entered: 7/12/2017
Mailed a copy of 10 Order of Service, 7 Order Granting IFP Application in Prisoner Case, 8 Order of Service, to 2527687 15-A-3706 Greenhaven Correctional Facility P.O. Box 400 Stormville, NY 12582-4000. (nb)
Filed: 7/12/2017, Entered: 7/12/2017
Transmission to Docket Assistant Clerk. Transmitted re: 10 Order of Service, to the Docket Assistant Clerk for case processing. (yv)
ORDER & ORDER OF SERVICE: The Court directs the Clerk of Court to execute the Order of Service, (Dkt. No. 8), with all expedition. The Clerk of Court is further directed to update Plaintiff's address as detailed above and to mail the Court's prior orders, (Dkt. Nos. 7, 8), and this Order to Plaintiff at his new address. The Clerk of Court shall serve a copy of this order and the complaint on the Attorney General of the State of New York at 120 Broadway, New York, New York 10271-0332. Defendants are directed to respond to Plaintiff's application within 10 business days of service. The Court certifies under 28 U.S.C. ยง 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. Cf. Coppedge v. United States , 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). So Ordered. (Signed by Judge Kenneth M. Karas on 7/11/17) (yv)
FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 7/12/2017 per the instructions of Judge Kenneth M. Karas. See 8 Order of Service. (nb)
Filed: 7/12/2017, Entered: 7/12/2017
SUMMONS ISSUED as to Anthony Annucci, 1B43F81 or 033D807, Collado, Jason Effman, Griffin. (nb)
LETTER addressed to Judge Colleen McMahon from 2527687, dated 7/3/17 re: Plaintiff informs the Court that he is being subjected to physical, psychological and sexual abuse by prison staff on a daily basis, and he requests that his OTSC and his Poor Person Application be considered by the Court without delay. Document filed by 2527687.(sc)
FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 7/7/2017 via Regular Mail. The information package included: a copy of the Order of Service, Judge's individual rules, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case files, A Motions Guide, A Notice that the Pro Se Manual has been discontinued, a Notice of Change of Address to use if your contact information changes, a consent to proceed before a Magistrate Judge, and consent to electronic service forms. (nb)
Filed: 7/7/2017, Entered: 7/7/2017
Mailed a copy of 2 Complaint, 8 Order of Service, to Attorney General for the State of New York, 120 Broadway, New York, New York 10271-0332 by Certified Mail #7002 2030 0003 8674 9168 with Return Receipt Requested. (jgo)
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