Henry v. Davis et al
Plaintiff: Christopher A. Henry
Defendant: C.O. Miller
Case Number: 1:2011cv01273
Filed: February 17, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Thomas P. Griesa
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
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Date Filed Document Text
March 10, 2021 Opinion or Order Filing 218 ORDER denying 217 Motion for Reconsideration re 217 MOTION for Reconsideration. filed by Christopher A. Henry. The Court, for the same reasons previously given, denies Henry's motion. This case remains closed. The Clerk of Court is re spectfully directed to terminate the motion pending at docket 217. The Clerk of Court is further directed to mail a copy of this order to Henry. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/10/2021) (jca) Transmission to Docket Assistant Clerk for processing.
January 20, 2021 Opinion or Order Filing 212 ORDER denying 211 Motion for Reconsideration. The Court has received another motion from pro se plaintiff Christopher Henry seeking reconsideration of the November 2019 dismissal of his claims. Dkt. 211. In that motion, Henry reprises the same arguments that he raised in many of his earlier requests for reconsideration, see Dkts. 175, 17778, 181, 185, 189, 193, 196, 198, 205, which the Court has repeatedly rejected, see Dkts. 176, 188, 192, 195, 197, 200, 209. The Court, for the same re asons previously given, denies Henry's motion. This case remains closed. The Clerk of Court is respectfully directed to terminate the motion pending at docket 211. The Clerk of Court is further directed to mail a copy of this order to Henry. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 1/20/2021) (ks) Transmission to Docket Assistant Clerk for processing.
November 10, 2020 Opinion or Order Filing 200 ORDER.In Plaintiff's most recent reconsideration request (ECF No. 198), he again argues that he did not receive notice for the deposition and therefore the motion to dismiss should not have been granted. Judge Engelmayer previously rejected this argument, and "the factual record remains clear that Henry's non-compliance was willful, and Henry did receive proper notice of his scheduled depositions repeatedly over the course of a year." (ECF No. 188 at 4). The Court remind s Plaintiff again that "[t]his case remains closed." ECF No. 195 (PAE) (rejecting plaintiff's fourth request for reconsideration of the order of dismissal). The Clerk of Court is respectfully directed to mail this Order to Plaintiff at the address below. Mail To: Christopher A. Henry, # 170096, Kingsboro Center, 681 Clarkson Avenue,Building 2, Ward 11, Brooklyn, New York 11203. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/10/20) (yv) Transmission to Docket Assistant Clerk for processing.
October 5, 2020 Opinion or Order Filing 197 ORDER. Plaintiff's letter application (ECF No. 196) is DENIED. Plaintiff is reminded that "[t]his case remains closed." ECF No. 195 (PAE) (rejecting plaintiff's fourth request for reconsideration of the order of dismissal). The Clerk of Court is respectfully directed to mail this Order to Plaintiff at the address below. Mail To: Christopher A. Henry, 13086, Mid-Hudson Forensic Center, Building 3, New Hampton, New York 10958. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/5/20) (yv) Transmission to Docket Assistant Clerk for processing.
September 22, 2020 Opinion or Order Filing 195 ORDER: A motion for reconsideration "is neither an occasion for repeating old arguments previously rejected nor an opportunity for making new arguments that could have been previously advanced." Associated Press v. U.S. Dep't of Def., 395 F. Supp. 2d 17, 19 (S.D.N.Y. 2005); see also Goonan v. Fed. Reserve Bank of N.Y., No. 12 Civ. 3859 (JPO), 2013 WL 1386933, at *2 (S.D.N.Y. Apr. 5, 2013) ("Simply put, courts do not tolerate such efforts to obtain a second bite at the apple."). Because Henry reprises only "old arguments previously rejected," the Court denies Henry's motion for reconsideration for the reasons set out in its order dated August 24, 2020. This case remains closed. The Clerk of Court is respectfully directed to mail this order to plaintiff at the addresses on file. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/22/2020) (va) Transmission to Docket Assistant Clerk for processing.
August 24, 2020 Opinion or Order Filing 192 ORDER re: 189 Response filed by Christopher A. Henry: Accordingly, the Court denies Henry's motion for reconsideration. This case remains closed. The Clerk of Court is respectfully directed to close the motion pending at docket 189 and mail this order to plaintiff at the addresses on file. (Signed by Judge Paul A. Engelmayer on 8/24/2020) (jwh) Transmission to Docket Assistant Clerk for processing.
May 5, 2020 Opinion or Order Filing 188 ORDER denying 178 Motion for Reconsideration: Accordingly, the Court denies Henry's motion for reconsideration. As the Court has previously explained: "This case remains closed.... Henry's failure to file timely his objections opera tes as a waiver of appellate review." Dkt. 176 at 2 (citing Op. at 3; Caidor v. Onondaga Cty., 517 F.3d 601, 604 (2d Cir. 2008) (citation omitted)). The Clerk of Court is respectfully directed to close the motion pending at docket 178, and to mail this order to plaintiff at the addresses on file. (Signed by Judge Paul A. Engelmayer on 5/5/2020) (jwh) Transmission to Docket Assistant Clerk for processing.
November 14, 2019 Opinion or Order Filing 176 ORDER: Henry's purported objections simply repeat his argument, which Judge Pitman twice rejected, that defendants provided him with insufficient notice of his deposition. See Report at 23 (considering and rejecting Henry's argument); Dkt. 164 at 12 (same). Thus, even had the objections been timely filed, the Court would have reviewed the Report for clear error. And, there is no clear error on the face of the Report and the record in this case. See Op. at 2.This case remains closed. A s the Court explained in its Opinion, Henry's failure to file timely his objections operates as a waiver of appellate review. See Op. at 3; Caidor v. Onondaga Cty., 517 F.3d 601, 604 (2d Cir. 2008) (citing Small v. Secy of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (per curiam)).The Clerk of Court is respectfully directed to mail this order to Henry. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/14/2019) (mml) Transmission to Docket Assistant Clerk for processing.
November 8, 2019 Opinion or Order Filing 173 OPINION & ORDER adopting 166 Report and Recommendations: For the foregoing reasons, the Court grants the motion to dismiss for failure to prosecute. The Court respectfully directs the Clerk of Court to mail a copy of this decision to plaintiff at the address on file and to close this case. (Signed by Judge Paul A. Engelmayer on 11/8/2019) (jwh) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
August 30, 2018 Opinion or Order Filing 143 OPINION & ORDER re: 135 MOTION to Dismiss for Lack of Prosecution pursuant to Rule 41(b) of the Federal Rules of Civil Procedure filed by George Miller, Lorenzo Colangelo, Joseph Grasso. For the foregoing reasons, the Court denie s defendants' motion to dismiss Henry's Third Amended Complaint. The Court respectfully directs the Clerk to mail a copy of this decision toplaintiff at the address on file. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/30/2018) (anc) Transmission to Docket Assistant Clerk for processing.
September 15, 2016 Opinion or Order Filing 99 OPINION & ORDER adopting 97 Report and Recommendation, denying re: 83 MOTION to Dismiss for Lack of Prosecution filed by C.O. Miller, Lorenzo Colangelo, Joseph Grasso. Pro se plaintiff Christopher Henry brings this action under 42 U.S.C. § 1983 alleging that several correctional officers at Rikers Island ("C.O. Miller, C.O. Grasso, and C.O. Colangelo") physically assaulted and injured him. Defendants have moved to dismiss Henry's Amended Complaint for failure to prosecute, failure to comply with a discovery order, and for improperly alleging the location of the alleged altercation that gave rise to Henry's lawsuit. Before the Court is the August 26, 2016 Report and Recommendat ion of the Hon. Henry Pitman, United States Magistrate Judge, recommending that the Court deny defendants' motion to dismiss. Dkt. 97 ("Report"); the Court adopts this recommendation. For the foregoing reasons, the Court denies defendants' motion to dismiss Henry's Second Amended Complaint. The Court hereby imposes a sanction on Henry, in the amount of $1,000, payable to defendants' counsel, and to be offset from any recovery that Henry might achieve in this action in the event that he is unable to pay. The Court further directs defendants to re-serve their discovery requests and release for medical records on Henry by certified mail, return receipt requested, with the understanding t hat Henry's failure to respond within thirty days of receipt will result in the dismissal of his claims with prejudice. The Court directs the Clerk to mail a copy of this decision to plaintiff at the address on file. (As further set forth in this Opinion & Order.) (Signed by Judge Paul A. Engelmayer on 9/15/2016) (mro)
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Plaintiff: Christopher A. Henry
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Defendant: C.O. Miller
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