Siler v. Monroe et al
Case Number: 1:2020cv05794
Filed: July 28, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
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Date Filed Document Text
July 21, 2023 Opinion or Order Filing 114 OPINION AND ORDER re: 111 MOTION for Reconsideration re; 110 Clerk's Judgment,. filed by Michael D. Siler. For the foregoing reasons, Plaintiff's motion for reconsideration is DENIED. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 111. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/21/2023) (ks)
October 27, 2022 Opinion or Order Filing 79 ORDER Plaintiff pro se and counsel for Defendants appeared on October 27, 2022 at 10:30 a.m. by telephone for a case management conference. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 10/27/2022) (jca)
February 24, 2022 Opinion or Order Filing 62 ORDER: The Court held an Initial Pretrial Telephone Conference on February 24, 2022. Plaintiff, proceeding pro se, and counsel for Defendants Lopez and Walden, appeared. As stated on the record, Plaintiff's motion to dismiss Defendants' Answer to the Amended Complaint (Doc. 58) is denied, as the request is not permitted by the Federal Rules of Civil Procedure. Should Plaintiff wish to engage in a settlement dialogue with counsel for Defendants, he may initiate the process by making a written settlement demand to counsel. Plaintiff is reminded that, as the Court should not be involved in any settlement discussions, he should not send copies of his written settlement demand or related correspondence on the docket. The Ci vil Case Discovery Plan and Scheduling Order discussed during the conference shall be docketed separately. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED (Signed by Judge Philip M. Halpern on 2/24/2022) (ks) Transmission to Docket Assistant Clerk for processing.
December 22, 2021 Opinion or Order Filing 54 MEMORANDUM OPINION AND ORDER re: 43 MOTION to Dismiss per Fed. R. Civ. P. 12(b)(6). filed by Pepeto Munroe, Anthony J. Annucci, Edwin Lopez, Leroy Fields, J. Walden.For the foregoing reasons, Defendants partial motion to dismiss i s GRANTED IN PART, and the First Amendment claims, the Fourteenth Amendment claim, and the Eighth Amendment claims against Annucci and Fields are dismissed. What remains of the AC, then, are the Eighth Amendment excessive force claims against Lopez and Walden. These two claims shall proceed to discovery. Lopez and Walden are directed to serve and file an Answer within fourteen days of the date of this Order. The Court will issue a Notice of Initial Pretrial Conference shortly. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 43, terminate Munroe, Annucci, and Fields from the docket in this action, and mail a copy of this Memorandum Opinion and Order to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/22/2021) (jca) Transmission to Docket Assistant Clerk for processing.
December 28, 2020 Opinion or Order Filing 31 SUPPLEMENTAL ORDER OF SERVICE: The Clerk of Court is instructed to complete the USM-285 forms with the addresses for Munroe and Lopez and deliver to the U.S. Marshals Service all documents necessary to effect service. The Clerk of Court is dire cted further to mail a copy of this Order to Plaintiff. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Cop pedge 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). (Signed by Judge Philip M. Halpern on 12/28/2020) (ks) Transmission to Pro Se Assistants for processing.
August 28, 2020 Opinion or Order Filing 13 ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is also directed to complete the USM-285 forms with the addresses for Walden, Fields, and Ann ucci, issue summonses, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further instructed to mail a copy of this order and the complaint to the Attorney General of the State of New York at: 28 Liberty Street, New York, NY 10005. An "Amended Complaint" form is attached to this order. Local Civil Rule 33.2 applies to this action. Within 120 days of service of the complaint, Defendants must serve responses to these standard discovery requests. In his responses, Defendants must quote each request verbatim. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/28/2020) (ks) Transmission to Pro Se Assistants for processing.
July 28, 2020 Opinion or Order Filing 9 ORDER DIRECTING PRISONER AUTHORIZATION: The Clerk of Court is directed to mail a copy of this Order to Plaintiff and note service on the docket. Plaintiff is directed to submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis s tatus is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Prisoner Authorization Form due by 8/27/2020. (Signed by Judge Colleen McMahon on 7/28/2020) (Attachments: # 1 prisoner authorization) (ees) Transmission to Docket Assistant Clerk for processing.
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