McGriff v. Superintendent Keyser et al
| Dewitt McGriff |
| Superintendent Keyser, Hearing Officer Polizzi and Director of SHU Vennetozzi |
| 1:2017cv07307 |
| September 22, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Nelson Stephen Roman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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
101
ORDER terminating 93 Letter Motion to Adjourn Conference; terminating 98 Letter Motion for Conference re: 93 LETTER MOTION to Adjourn Conference addressed to Judge Nelson Stephen Roman from Jessica Acosta-Pettyjohn dated 6/11/20 21., 98 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Jessica Acosta-Pettyjohn dated 9/15/2021. The Court has reviewed Defendants' request for leave to file a motion for summary judgment (ECF No. 98 ), Plaintiff's letter requesting that the Court wait to address the request until Plaintiff was released on September 23, 2021 and could procure an attorney (ECF No. 99), and Plaintiff's letter notifying the Court of his new address (ECF No. 100). The Court waives the pre-motion conference requirement and grants Defendants leave to file their proposed motion for summary judgment as follows: moving papers shall be served (not filed) on December 15, 2021; opposition papers shall b e served (not filed) on January 14, 2022; reply papers shall be served on January 31, 2022. All motion papers shall be filed on the reply date, January 31, 2022. If Plaintiff has not obtained counsel by the reply date, Defendants shall file all m otion papers, including Plaintiff's opposition papers. If Plaintiff has obtained counsel by the reply date, parties shall file their own papers. The parties shall provide two hard courtesy copies of all motion papers to Chambers as they are s erved. The Court has set the briefing schedule to afford Plaintiff time to find counsel. If Plaintiff is unable to comply with the current briefing schedule, he must timely seek an extension of his deadline to serve his opposition papers. The Cle rk of Court is directed to terminate the motions at ECF No. 98 and 93, to mail a copy of this order to pro se Plaintiff at the address on ECF, and to show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/12/2021) (jca) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
95
ORDER AUTHORIZING THE DEPOSITION OF INCARCERATED PLAINTIFF: Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), it is hereby ORDERED that an Assistant Attorney General may, upon 5 days written notice to plaintiff, take the deposition of plainti ff Dewitt McGriff, DIN 97-A-6773, by video-conference 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 order dismissing the complaint in this action. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 6/15/2021) Copies Mailed By Chambers. (kv)
|
|
Filing
80
AMENDED ORDER: The Order entered herein on August 28, 2020 [Dkt. 79], pertaining to the possible appointment of pro bona counsel, is hereby amended to specify that volunteer counsel may, at counsel's election, enter an appearance for discovery purposes only. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 9/2/2020) (ks)
|
|
Filing
79
ORDER granting 77 Motion to Appoint Counsel. Accordingly, plaintiffs renewed application for the Court to request pro bono counsel is GRANTED. The Court directs the Clerk of Court to attempt to locate pro bono counsel to appear on plaintiffs b ehalf. The Court has established a Pro Bono Fund to encourage greater attorney representation of pro se litigants, so pro bono counsel may apply to the Court for reimbursement of certain out-of-pocket expenses incurred in furtherance of plaintiff s case. See http://www.nysd.circ2.dcn/docs/prose/pro_bono_fund_order.pdf. However, plaintiff is again advised that there are no funds to retain counsel in civil cases and that the Court relies on volunteers. Due to the scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent plaintiff. If an attorney volunteers, the attorney will contact plaintiff directly. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 8/28/2020) (ks)
|
|
Filing
78
DISCOVERY 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 is sues, 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. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 8/27/2020) (ks)
|
|
Filing
73
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 f rom 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. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 7/23/2020) (ks)
|
|
Filing
62
ORDER denying 61 Letter Motion for Discovery. Defendants' request to stay the filing of a Case Management Plan is denied. Defendants may seek the discovery they highlighted above before the Magistrate Judge and thereafter seek leave to file any appropriate motion. The parties are granted an additional week until February 25, 2020 to submit the completed Case Management Plan. Clerk of the Court is directed to mail a copy of this endorsement to pro se Plaintiff, show proof of service on the docket and terminate the motion (doc. 61). (Signed by Judge Nelson Stephen Roman on 2/14/2020) (rro) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
57
OPINION & ORDER re: 54 MOTION to Dismiss the Amended Complaint. filed by Stephen Keyser, Superintendent Keyser, Hearing Officer Polizzi, Director of SHU Vennetozzi., For the foregoing reasons, Defendants' motion to dismis s is GRANTED in part and DENIED in part. Plaintiff's due process claim with regard to the keeplock confinement is dismissed without prejudice. Plaintiff's due process claims are dismissed as to Defendants Venettozzi and Sup. Keyser. Plain tiff's due process claims as to the SHU confinement, against Defendants HO Polizzi and Inv. Keyser, remain. Plaintiff's Eighth Amendment claim is dismissed without prejudice as to Defendants Venettozzi, HO Polizzi, and Inv. Keyser. Plaint iff's Eighth Amendment claim against Sup. Keyser remains. Plaintiff's First Amendment claim and Fourteenth Amendment equal protection claim are dismissed as to all defendants. Plaintiff may file a Second Amended Complaint within 30 days o f the date of this Opinion, on or before December 16, 2019, should he choose to reassert his due process claim with regard to the keeplock confinement and/or his Eighth Amendment claims as to Defendants Venettozzi, HO Polizzi, and Inv. Keyser, wh ich were dismissed without prejudice. Accordingly, the Clerk of the Court is respectfully directed to terminate Defendant Venettozzi and Defendants' Motion to Dismiss at ECF No. 54. If Plaintiff does not file a Second Amended Complaint by Dec ember 16, 2019, remaining Defendants are directed to file an answer to the First Amended Complaint on or before January 10, 2020. The parties are directed to confer, complete, and submit to the Court the attached case management plan on or before January 31, 2020. The Clerk of the Court is further directed to mail a copy of this Opinion to Plaintiff at his last address listed on ECF and file proof of service on the docket. This constitutes the Court's Opinion and Order. SO ORDERED. Di rector of SHU Vennetozzi (in his individual capacity ) and Director of SHU Vennetozzi (in his official capacity ) terminated., Amended Pleadings due by 12/16/2019. (Signed by Judge Nelson Stephen Roman on 11/13/2019) (rj) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
31
ORDER: Considering the incredibly convoluted procedural history of this case, Plaintiffs pro se status, the interests of judicial economy, and Plaintiffs numerous attempts to seek leave to file an amended complaint, the Court grants Plaintiff leav e to file his amended complaint in the proper form of an amended complaint, which is not to be combined with his Motion Opposing Defendants' Motion to Dismiss. Plaintiff has until February 13, 2019 to formulate his amended complaint and serve it on Defendants. If Defendants' receive an amended complaint, then upon receipt of the Amended Complaint, and by no later than February 15, 2019, Defendants are to inform the Court as to whether they would like to rely on their pending Motion to Dismiss or whether they would like to withdraw their pending motion at ECF No. 25 and file a new motion to dismiss. Defendants are directed to file Plaintiffs Amended Complaint and their letter response on ECF by this date. Plaintiffs failure t o abide by this deadline will deem the original Complaint the operative Complaint once and for all, and the Court will make no further exceptions. Accordingly, the Clerk of the Court is respectfully directed to mail a copy ofthis order to Plaintiff at Plaintiffs last address listed on CEO and file proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/9/2019) ( Amended Pleadings due by 2/13/2019.) (ks) Transmission to Docket Assistant Clerk for processing.
|
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 Southern 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.
