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 31 |
Filed: 3/4/2010, Entered: None |
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ENDORSED LETTER addressed to Magistrate Judge Kevin N. Fox from Daniel Schulze dated 3/1/10 re: counsel for defendants request that, due to a health situation explained below, the date for defendants to serve dispositive motions be extended by two weeks, and that subsequent briefing dates also be extended by two weeks. Specifically, defendants' motion would then be due March 19, 2010, plaintiffs' opposition would be due April 14, 2010, and defendants' reply would be due April 26, 2010 ENDORSEMENT: application granted. So Ordered. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/4/10) (pl) (Entered: 03/05/2010)
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 Request |
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| 30 |
Filed: 1/29/2010, Entered: None |
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ORDER: 1. the time for the parties to serve and file any dispositive motion is enlarged to March 5, 2010; 2. any response to a dispositive motion shall be served and filed on or before March 31, 2010; and 3. any reply shall be served and filed on or before April 12, 2010. (Motions due by 3/5/2010. Replies due by 4/12/2010. Responses due by 3/31/2010) (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/29/10) Copies Mailed by Chambers.(db) (Entered: 01/29/2010)
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Request |
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| 29 |
Filed: 1/4/2010, Entered: None |
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ORDER, that the telephonic conference scheduled previously for January 4, 2010, at 10:30 a.m., be held on January 20, 2010, at 2:00 p.m. The telephonic conference shall be initiated by counsel to the defendants to (212) 805-6705. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/4/10) Copies Mailed By Chambers.(pl) (Entered: 01/05/2010)
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Request |
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| 28 |
Filed: 10/6/2009, Entered: None |
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ORDER. All discovery, of whatever nature, shall be initiated so as to be completed on or before 2/5/2010; a telephonic status conference shall be held with the parties on January 4, 2010, at 10:30 a.m. Counsel to the defendants shall initiate the telephonic conference on that date; any dispositive motion shall be served and filed on or before 3/1/2010; any response to a dispositive motion shall be served and filed on or before 3/31/2010; any reply shall be served and filed on or before 4/12/2010; if no dispositive motion is filed, the parties shall submit their joint pretrial order to the Court on or before March 1, 2010. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/6/09); copies mailed by Chambers. (djc) (Entered: 10/06/2009)
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Request |
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| 27 |
Filed: 9/21/2009, Entered: None |
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ORDER: It is hereby ordered that (1) the Superintendent, or other official in charge of the Coxsackie Correctional Facility, shall provide inmate James Anderson, # 96-A-7820, a private room, with telephone service, so that he may participate in a telephonic conference call with the Court and counsel to the defendants at 2:30 p.m., on October 5, 2009; (2) plaintiff James Anderson shall appear in a private room, designated by the Superintendent, or other official in charge of the Coxsackie Correctional Facility, to participate in said telephonic conference; and (3) Assistant Attorney General Daniel Schulze is directed to serve a copy of this Order on the Superintendent, or other official in charge of the Coxsackie Correctional Facility, expeditiously. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/21/2009) Copies Mailed By Chambers.(jpo) (Entered: 09/22/2009)
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Request |
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| 26 |
Filed: 9/21/2009, Entered: None |
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ORDER FOR INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 10/5/2009 at 02:30 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/21/2009) Copies Mailed By Chambers.(jpo) (Entered: 09/22/2009)
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Request |
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| 25 |
Filed: 5/13/2009, Entered: None |
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MEMORANDUM AND ORDER: For reasons further forth in said Order, the plaintiffs application for appointment of counsel is granted. The Pro Se Office for this judicial district is directed to request pro bono counsel for the plaintiff in accordance with the Pro Bono Panel's procedures.ORDER granting 24 Motion. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/13/09) Copies Mailed by Chambers.(db) (Entered: 05/13/2009)
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Request |
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| 24 |
Filed: 5/13/2009, Entered: None |
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MOTION to renew application for appointment of counsel. Document filed by James Anderson.(ae) (Entered: 05/13/2009)
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Request |
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| 23 |
Filed: 5/5/2009, Entered: None |
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ANSWER to Complaint. Document filed by Koehogsman, Bernstein.(pl) (Entered: 05/07/2009)
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Request |
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| 22 |
Filed: 4/8/2009, Entered: None |
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ORDER: The defendant(s) shall answer the complaint on or before May 4, 2009. An initial pretrial conference will be held in the above-captioned action on May 13, 2009, at 11:30 a.m., before Kevin Nathaniel Fox, United States Magistrate Judge, in courtroom 20A, 500 Pearl Street, New York, New York. The plaintiff may participate in the conference telephonically. (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/8/2009) Copies Mailed By Chambers.(jfe) (Entered: 04/08/2009)
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Request |
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| 21 |
Filed: 4/8/2009, Entered: None |
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ORDER: IT IS HEREBY ORDERED that: (1) the Superintendent, or other official in charge of the Coxsackie Correctional Facility, shall provide inmate James Anderson, # 96-A-7820, a private room, with telephone service, so that he may participate in a telephonic conference call with the Court and counsel to the defendants at 11:30 a.m., on May 13, 2009; (2) plaintiff James Anderson shall appear in a private room, designated by the Superintendent, or other official in charge of the Coxsackie Correctional Facility, to participate in said telephonic conference; and (3) Assistant Attorney General Daniel Schulze is directed to serve a copy of this Order on the Superintendent, or other official in charge of the Coxsackie Correctional Facility, expeditiously. (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/8/2009) Copies Mailed By Chambers.(jfe) (Entered: 04/08/2009)
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Request |
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| 20 |
Filed: 3/13/2009, Entered: None |
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MOTION to Appoint Counsel. Document filed by James Anderson.(djc) (Entered: 03/16/2009)
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Request |
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| 19 |
Filed: 3/13/2009, Entered: None |
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MEMORANDUM AND ORDER. Therefore, the plaintiff's request that the Court appoint counsel to represent him, is denied. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/13/09); copies mailed by Chambers.(djc) Modified on 3/31/2009 (djc). (Entered: 03/13/2009)
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Request |
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| 18 |
Filed: 3/6/2009, Entered: None |
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ORDER ADOPTING REPORT AND RECOMMENDATIONS accordingly, for the above reasons and for the reasons stated in the Report, the Court hereby dismisses plaintiff's retaliation claims as to all defendants, and dismisses plaintiff's complaint in its entirety as to defendant Goord. Defendants' motion to dismiss is denied in all other respects. The Clerk of the Court is directed to close document number 6. (Signed by Judge Jed S. Rakoff on 3/5/09) (cd) (Entered: 03/09/2009)
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Request |
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| 17 |
Filed: 1/16/2009, Entered: None |
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ORDER, that plaintiff's time to file objections is hereby extended to February 13, 2009. No further adjournments will be granted. (Signed by Judge Jed S. Rakoff on 1/15/09) (pl) (Entered: 01/16/2009)
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Request |
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| 16 |
Filed: 5/12/2008, Entered: None |
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LETTER addressed to Judge Jed S. Rakoff from James Anderson dated 4/11/08 re: Counsel writes to formally request that Civil action 9; 07-cv-1257, Northern District, and 08-cv-559 in the Southern District be joined and litigated in the Southern District. Document filed by James Anderson.(mme) (Entered: 01/05/2009)
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Request |
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| 15 |
Filed: 5/20/2008, Entered: None |
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ORDER: In a writing dated April 11, 2008, received in the chambers of the undersigned Magistrate Judge on May 12, 2008, the plaintiff, proceeding pro se, requested that an action pending in the United States District Court for the Northern District of New York, which was commenced in 2007, be transferred to this judicial district and joined with the instant action. In addition, the plaintiff requested that the time for him to serve the summons and complaint on the defendants in the instant action be enlarged and, further, that he be given "four U.S.M. 285 Forms" to enable the United States Marshals Service to effect service of process on his behalf. Construing the pro se plaintiff's request, that the action pending in the Northern District of New York be transferred to this judicial district, liberally, as an application to change venue, made pursuant to 28 U.S.C. 1404(a), the Court finds that it is constrained to deny the application. A United States district court is authorized by 28 U.S.C. 1404(a) to transfer any civil action to any other district or division where it might have been brought. The statute does not contemplate the type of appropriative conduct the plaintiff has invited the Court to undertake. Moreover, engaging in such appropriative conduct seems to be inconsistent with the "first-filed rule" that is typically followed in this circuit. Under that rule, absent special circumstances, when actions involving the same parties and issues (predicates, the existence of which is not stated clearly in the plaintiffs April 11, 2008 writing) are pending simultaneously in different judicial districts, the first-filed action takes priority. In the circumstance of the instant case, that would mean the action pending in this judicial district, having been commenced after the action pending in the Northern District of New York, would be transferred to that court. Therefore, the Court finds that the plaintiffs request, if at all appropriate, should be made to the judicial officer assigned to the action pending in the United States District Court for the Northern District of New York. According to the plaintiff, his ability to effect service of the summons and complaint was impeded, when prison officials determined to transfer him to a different correctional facility. The plaintiff contends his belongings, including material pertinent to the prosecution of this action, were assembled for transportation to the new correctional facility. However, the plaintiff also contends the determination to transfer him to another correctional facility was rescinded; however, his belongings were not returned to him immediately. As a result of the delay in returning his belongings to him, the plaintiff maintains he needs additional time to attempt to effect service on the defendants. Fed. R. Civ. P. 6(b)(l)(A) permits a court, when good cause is established, to enlarge the time in which an act is required to be accomplished. The Court finds, based upon the factual recitation in the plaintiffs written submission, that good cause exists for enlarging, by 45 days, the time for the plaintiff to effect service of the summons and complaint on the defendants. To facilitate that exercise, the Pro Se Office for this judicial district shall provide to the plaintiff, expeditiously, a new summons and such additional documents as will permit service of process to be effected. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/20/2008) Copies Mailed By Chambers.(jfe) (Entered: 12/29/2008)
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Request |
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| 14 |
Filed: 12/24/2008, Entered: None |
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REPORT AND RECOMMENDATION: For the reasons set forth above, it is recommended that: (1) Goords motion for an extension of time to file the motion to dismiss, nunc pro tunc, be granted; and (2) the movants application for an order dismissing the complaint, for failure to state a claim, Docket Entry No. 6, be: (a) denied with respect to the plaintiffs deliberate indifference claim against Koenigsmann, and (b) granted in relation to all claims asserted against Goord. Objections to R&R due by 1/16/2009 (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/24/2008) Copies Mailed By Chambers.(jfe) (Entered: 12/24/2008)
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Request |
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| 13 |
Filed: 9/30/2008, Entered: None |
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ENDORSED LETTER addressed to Magistrate Judge Kevin N. Fox from James Anderson dated 9/18/08 re: request for an extension of time to respond to motion. ENDORSEMENT: Application granted. On or before October 31, 2008, the plaintiff shall serve and file his responses to the motion to dismiss. On or before November 18, 2008, any reply shall be served and filed. Set Deadlines/Hearing as to 6 MOTION to Dismiss:( Responses due by 10/31/2008, Replies due by 11/18/2008.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/30/08) (tro) (Entered: 09/30/2008)
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Request |
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| 12 |
Filed: 9/18/2008, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Romano. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 9/3/08. Document filed by James Anderson. 1st attempt- NYS Docs legal dept. would not accept individual process, Refused. (tro) (Entered: 09/19/2008)
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Request |
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 11 |
Filed: 8/19/2008, Entered: 8/20/2008 |
Endorsed Letter |
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ENDORSED LETTER addressed to Magistrate Judge Kevin N. Fox from James Anderson dated 8/11/08 re: Plaintiff requests an extension of time to submit his response in opposition to defendants' motion to dismiss. ENDORSEMENT: Application granted. On or before September 25, 2008, the plaintiff shall serve and file his response to the outstanding motion to dismiss. Thereafter, any reply shall be serve and filed on or before October 13, 2008. Set Deadlines/Hearing as to [6] MOTION to Dismiss :( Responses due by 9/25/2008, Replies due by 10/13/2008.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/19/08) (tro)
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| 10 |
Filed: 7/21/2008, Entered: 7/21/2008 |
Endorsed Letter |
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ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Daniel Schulze dated 7/16/08 re: Counsel for defendant requests that the Court enter an Order allowing defendant Bernstein to respond to the Complaint by now joining in the June 19, 2008 Motion to Dismiss previously submitted on be on behalf of defendants Goord and Koenigsmann. ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/18/08) (js) Modified on 8/15/2008 (js).
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| 9 |
Filed: 7/21/2008, Entered: 7/21/2008 |
Order |
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ORDER: On or before August 25, 2008, the plaintiff shall serve and file a response to the motion to dismiss made by defendants Dr. Koenigsmann, Dr. Bernstein and Commissioner Glenn Goord. Thereafter, on or before September 10, 2008, the movants shall serve and file any reply. The plaintiff is advised that he may seek such procedural assistance as he may need in responding to the above referenced motion by contacting the Pro Se Office for this judicial district. That office is located at 500 Pearl Street, Room 230, New York, NY 10007. The telephone number for that office is (212)805-0177. So Ordered (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/21/08) Copies Mailed By Chambers.(js)
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| 8 |
Filed: 7/10/2008, Entered: 7/11/2008 |
Marshal's Process Receipt and Return of Service Ex |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint served. Bernstein served on 7/2/2008, answer due 7/22/2008. Service was accepted by Dr. Frederick Bernstein, D.O.C.S.. Document filed by James Anderson. (pl)
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| 7 |
Filed: 6/20/2008, Entered: 6/23/2008 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: [6] MOTION to Dismiss. Document filed by Koehogsman, Glenn Goord. (pl)
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| 6 |
Filed: 6/20/2008, Entered: 6/23/2008 |
Motion to Dismiss |
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MOTION to Dismiss for an order pursuant to F.R.C.P. 12(b)(6), 42 U.S.C. section 1997e(a) and 28 U.S.C. section 1015(e)(2)(B)dismissing the claims asserted against them in this action. Document filed by Koehogsman, Glenn Goord.(pl)
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| 5 |
Filed: 6/10/2008, Entered: 6/12/2008 |
Marshal's Process Receipt and Return of Service Ex |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint served. Koehogsman served on 5/30/2008, answer due 6/19/2008. Service was made by Mail. Document filed by James Anderson. (tro)
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| -- |
Filed: 6/6/2008, Entered: 6/6/2008 |
Summons Issued |
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AMENDED SUMMONS ISSUED as to Romano, Koehogsman, Bernstein, Glenn Goord. (jpo)
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| 4 |
Filed: 6/2/2008, Entered: 6/6/2008 |
Marshal's Process Receipt and Return of Service Ex |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint served. Glenn Goord served on 5/20/2008, answer due 6/9/2008. Service was made by MAIL. Document filed by James Anderson. (js)
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| 3 |
Filed: 3/3/2008, Entered: 3/5/2008 |
Order Referring Case to Magistrate Judge |
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e. motion requiring a Report and Recommendation). Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Jed S. Rakoff on 2/28/2008) (jpo)
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| 2 |
Filed: 1/23/2008, Entered: 2/6/2008 |
PLRA Sec. 7(2)(g)(2) Complaint |
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COMPLAINT against Romano, Koehogsman, Bernstein, Glenn Goord. Reply required under Prison Litigation Reform Act Section 7(2)(g)(2). Document filed by James Anderson.(laq)
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| -- |
Filed: 1/23/2008, Entered: 2/6/2008 |
Case Designated PLRA. |
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Case Designated PLRA purs. to Prison Litigation Reform Act Section 7(2)(g)(2). (laq)
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| -- |
Filed: 1/23/2008, Entered: 2/6/2008 |
Case Designation |
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Magistrate Judge Kevin N. Fox is so designated. (laq)
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| -- |
Filed: 1/23/2008, Entered: 2/6/2008 |
Summons Issued |
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SUMMONS ISSUED as to Romano, Koehogsman, Bernstein, Glenn Goord. (laq)
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| 1 |
Filed: 1/22/2008, Entered: 2/6/2008 |
I.F.P. Endorsement |
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ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Jed S. Rakoff on 1/22/08) (laq)
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