Girard v. Cuttle et al
| Chauncey Girard |
| Cuttle, A. Hickey, Harold D. Graham, A. Venditti, T. Abate, C. Tomas and Gilfus |
| 9:2015cv00187 |
| February 19, 2015 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Clinton |
| Thomas J. McAvoy |
| Randolph F. Treece |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
256
JUDGMENT entered dismissing the action in accordance with the 8/31/18 Decision and Order of Judge McAvoy.{judgment served via regular mail on plaintiff} (nas, )
|
|
Filing
199
ORDER: As part of the Court's previous comprehensive order, Dkt. No. 188 , Counsel for the Defendants was instructed to provide to Chambers the personnel files for Defendants Hickey; Venditti; Abate; Thomas; and Gilfus. Those personnel files h ave been submitted to the Court. The in camera review of the personnel files of Defendants Hickey; Venditti; Abate; Thomas; and Gilfus did not reveal any relevant information nor impeachment that could be shared with Mr. Girard. The Court directs t hat the Defendants' Counsel immediately retrieve from the Court's courtroom deputy, Daniel Krug, the personnel files. The Clerk of the Court is directed to mail a copy of this Order to Chauncey Girard at his last known address. Signed by Magistrate Judge Daniel J. Stewart on 10/17/17. (served as directed)(alh, )
|
|
Filing
161
ORDER for Telephone Conference: Participation of Inmate Chauncey Girard (11-A-1352) is hereby ORDERED on Friday, February 3, 2017 at 9:30 a.m. for a telephone conference to be conducted by Magistrate Judge Daniel J. Stewart. The Court will initiate the conference call. Signed by Magistrate Judge Daniel J. Stewart on 1/25/17. (served on plaintiff by regular mail; facility served via email by CRD)(alh, )
|
|
Filing
124
DECISION AND ORDER: ORDERED that the defendant Cuttle, and the Fourteenth Amendment due process claim against him (as set forth in the amended complaint) are DISMISSED from this action without prejudice. Signed by Senior Judge Thomas J. McAvoy on 8/3/16. (served in plaintiff by regular mail)(alh, )
|
|
Filing
88
DECISION AND ORDER: ORDERED that plaintiff is afforded a second (and last) opportunity to file the Peralta Waiver required by the March 2016 Order if he wishes to proceed in this action with his Fourteenth Amendment due process claims against Cuttle challenging the disciplinary sanctions affecting the conditions of his confinement. ORDERED that plaintiff must file his Peralta Waiver within twenty (20) days of the date of this Decision and Order. ORDERED that upon plaintiff's filing of t he Peralta Waiver, and in all events, at the expiration of the twenty (20) day period from the filing date of this Decision and Order, the Clerk shall return the file to the Court for further review. Signed by Senior Judge Thomas J. McAvoy on 4/4/16. (served on plaintiff by regular mail)(alh, )
|
|
Filing
82
DECISION AND ORDER: ORDERED that plaintiff's Fifth Motion to Amend (Dkt. No. 64 ) is GRANTED in part and DENIED in part as set forth above. ORDERED that the Clerk of the Court is directed to (i) file the proposed amended complaint (Dkt. No . 64 at 2-10) as the amended complaint in this action; and (ii) revise the docket to add Anthony Annucci, Commissioner; Carl Koenigsman, Medical Deputy; Harold Graham, Superintendent, Auburn Correctional Facility; Cuttle, Captain, Auburn Correction al Facility; Conners, Sergeant, Auburn Correctional Facility; and Jessica Dugan, R.N., Auburn Correctional Facility as defendants. The amended complaint, as modified herein, will supersede and replace the previously filed complaint and will be the operative pleading. ORDERED that the Clerk shall issue summonses for defendants Annucci, Koenigsman, Graham, Conners, and Dugan, and forward them, along with copies of the amended complaint, to the United States Marshal for service upon defendants Annucci, Koenigsman, Graham, Conners, and Dugan. ORDERED that a formal response to plaintiff's amended complaint be filed by defendants Annucci, Koenigsman, Graham, Conners, and Dugan, or their counsel, as provided for in Rule 12 of the Fede ral Rules of Civil Procedure. ORDERED that defendants Hickey, Venditti, Abate, Thomas, and Gilfus shall file a response to the amended complaint within (30) thirty days of the filing date of this Decision and Order. ORDERED that plaintiff shall advise the Court in writing, within thirty (30) days of the filing date of this Decision and Order, whether he waives for all times all claims against defendant Cuttle in this action relating to disciplinary sanctions affecting the duration of hi s confinement (recommended good time loss) in order to proceed with his claims challenging the sanctions affecting the conditions of his confinement (i.e., the Peralta Waiver). ORDERED that in the event plaintiff fails to timely file the required Peralta Waiver, he will be deemed to have refused to waive the claims against defendant Cuttle relating to disciplinary sanctions affecting the duration of his confinement (recommended good time loss), and the Fourteenth Amendment due process cla ims against defendant Cuttle alleged in the amended complaint shall be dismissed without prejudice, without further order of this Court. In that event, defendant Cuttle will also be dismissed from this action without prejudice. ORDERED that upon pla intiff's filing of the Peralta Waiver, the Clerk shall return this file to the Court for further review. ORDERED that plaintiff's First, Second, Third, and Fourth Motions to Amend (Dkt. Nos. 38 , 39 , 47 , and 59 ) are DENIED. ORD ERED that plaintiff's motion for preliminary injunctive relief (Dkt. No. 43 ) is DENIED. ORDERED that plaintiff's motions for appointment of counsel (Dkt. Nos. 51 , 81 ) are DENIED. ORDERED that the following pretrial deadlines are reset: discovery is due by May 20, 2016, and dispositive motions are to be filed by July 15, 2016. Signed by Senior Judge Thomas J. McAvoy on 3/4/16. (served on plaintiff by regular mail)(alh, )
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
