Gambino v. Lewis
| DAVID AUGUST GAMBINO |
| THERESA LEWIS, Officer ROBERT BOOTH, Officer HUDSON RANKIN, Officer RUSSELL GOESEKE, Officer COREY LEWIS, Officer CHARLES REABOLD, Officer TRACI HANER, NIAGARA COUNTY, NY, Chief PAYNE, Sergeant WILLIAMS, JAMES R. VOUTOUR, KEVEN M. SMITH, Captain ENGERT, Sergeant LIWZINKI, SUPERVISOR OF MENTAL HEALTH, name unknown, Sergeant GREENWALD, Officer KOROSHETZ, MALE OFFICER 3, name unknown, Officer ELLIOT, NIAGARA COUNTY SHERIFF'S OFFICE, Nurse MARTIN, also known as Christopher M. Aiken, INTER-COMMUNITY MEMORIAL HOSPITAL AT NEWFANE, INC. and EASTERN NIAGARA HOSPITAL |
| 25-2947 |
| November 20, 2025 |
| U.S. Court of Appeals, Second Circuit |
| PRISONER PET-Civil Rights |
Docket Report
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This docket was last retrieved on May 15, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 61 CERTIFIED ORDER, dated 05/15/2026, to WDNY (BUFFALO), ISSUED. [Entered: 05/15/2026 10:48 AM] |
| Filing 60 MOTION ORDER, denying motion to reinstate appeal as unnecessary, denying motion for appointment of special master, deferring motion for appointment of counsel, deferring motion for stay pending appeal, on behalf of Appellant David August Gambino, by ALK, JMW, RJL, FILED. [Entered: 05/15/2026 10:37 AM] |
| Filing 59 SUPPLEMENTARY PAPERS TO REPLY TO OPPOSITION, on behalf of Appellant David August Gambino, FILED. Service date 04/27/2026 by United States Mail. [Entered: 04/28/2026 04:21 PM] |
| Filing 57 CURED DEFECTIVE DOCUMENT, Motion, at entry 51, on behalf of Appellant David August Gambino, FILED. [Entered: 04/27/2026 11:28 AM] |
| Filing 58 REPLY TO OPPOSITION, on behalf of Appellant David August Gambino, FILED. Service date 04/26/2026 by United States Mail. [Entered: 04/27/2026 11:32 AM] |
| Filing 56 CURED DEFECTIVE DOCUMENT, Certificate of service, at entry 55, on behalf of Appellee Charles Reabold, Appellee Corey Lewis, Appellee Hudson Rankin, Appellee Niagara County, NY, Appellee Robert Booth, Appellee Russell Goeseke, Appellee Theresa Lewis, Appellee Traci Haner, FILED. [Entered: 04/21/2026 06:24 PM] |
| Filing 55 CERTIFICATE OF SERVICE, for Opposition, on behalf of Appellee Theresa Lewis, Appellee Robert Booth, Appellee Hudson Rankin, Appellee Russell Goeseke, Appellee Corey Lewis, Appellee Charles Reabold, Appellee Traci Haner, Appellee Niagara County, NY, FILED. Service date 04/21/2026 by United States Mail. [Entered: 04/21/2026 02:32 PM] [Edited: 04/21/2026 06:23 PM] |
| Filing 54 DEFECTIVE DOCUMENT, Opposition, at docket entry 53, on behalf of Appellee Theresa Lewis, Appellee Robert Booth, Appellee Hudson Rankin, Appellee Russell Goeseke, Appellee Corey Lewis, Appellee Charles Reabold, Appellee Traci Haner, Appellee Niagara County, NY,, FILED. [Entered: 04/21/2026 12:07 PM] |
| Filing 53 OPPOSITION, to Motion to hold appeal in abeyance, to stay the district court proceedings, at docket entry 51, on behalf of , FILED. Service date 04/21/2026 by ACMS. [Entered: 04/21/2026 11:03 AM] [Edited: 04/27/2026 11:12 AM] |
| Filing 52 OPPOSITION, to Motion to hold appeal in abeyance, to stay the district court proceedings, at docket entry 51, on behalf of Appellee Theresa Lewis, Appellee Robert Booth, Appellee Hudson Rankin, Appellee Russell Goeseke, Appellee Corey Lewis, Appellee Charles Reabold, Appellee Traci Haner, Appellee Niagara County, NY, FILED. Service date 04/20/2026 by ACMS. [Entered: 04/20/2026 04:28 PM] |
| Filing 51 MOTION, to hold appeal in abeyance, to stay the district court proceedings, on behalf of Appellant David August Gambino, FILED. Service date 04/10/2026 by United States Mail. [Entered: 04/14/2026 08:32 AM] |
| Filing 50 STRIKE ORDER, striking Appellant David August Gambino Motion at entry number 42 from the docket, FILED. [Entered: 04/01/2026 03:56 PM] |
| Filing 49 CURED DEFECTIVE DOCUMENT, Reply to Opposition, at entry 36, 38, on behalf of Appellant David August Gambino, FILED. [Entered: 03/11/2026 03:27 PM] [Edited: 03/11/2026 03:37 PM] |
| Filing 48 DEFECTIVE DOCUMENT, Motion, at docket entry 47, on behalf of Appellant David August Gambino, FILED. [Entered: 03/11/2026 03:08 PM] |
| Filing 46 STRIKE ORDER, striking Appellee Charles Reabold, Appellee Corey Lewis, Appellee Hudson Rankin, Appellee Niagara County, NY, Appellee Robert Booth, Appellee Russell Goeseke, Appellee Theresa Lewis, Appellee Traci Haner Motion Opposition at entry number 30 from the docket, copy to pro se, FILED. [Entered: 03/11/2026 12:50 PM] [Edited: 03/16/2026 01:20 PM] |
| Filing 47 MOTION, to file reply out of time [38], on behalf of Appellant David August Gambino, FILED. Service date 03/10/2026 by United States Mail. [Entered: 03/11/2026 02:57 PM] |
| Filing 45 DEFECTIVE DOCUMENT, Motion, at docket entry 42, on behalf of Appellant David August Gambino, FILED. [Entered: 03/03/2026 02:33 PM] |
| Filing 44 DEFECTIVE DOCUMENT, Motion, at docket entry 41, on behalf of Appellant David August Gambino, FILED. [Entered: 03/03/2026 02:28 PM] |
| Filing 43 DEFECTIVE DOCUMENT, Motion, at docket entry 40, on behalf of Appellant David August Gambino, FILED. [Entered: 03/03/2026 12:57 PM] |
| Filing 42 EMERGENCY MOTION, to hold appeal in abeyance, on behalf of Appellant David August Gambino, FILED. Service date 02/23/2026 by United States Mail. [Entered: 03/03/2026 12:42 PM] |
| Filing 41 MOTION, to file reply out of time [38], on behalf of Appellant David August Gambino, FILED. Service date 02/22/2026 by United States Mail. [Entered: 03/03/2026 12:34 PM] [Edited: 03/03/2026 12:43 PM] |
| Filing 40 MOTION, to file reply out of time [36], on behalf of Appellant David August Gambino, FILED. Service date 02/23/2026 by United States Mail. [Entered: 03/03/2026 12:22 PM] [Edited: 03/03/2026 12:44 PM] |
| Filing 39 DEFECTIVE DOCUMENT, Reply to Opposition, at docket entry 38, on behalf of Appellant David August Gambino, copy to pro se, FILED. [Entered: 02/18/2026 12:08 PM] [Edited: 02/18/2026 02:44 PM] |
| Filing 38 REPLY TO OPPOSITION, on behalf of Appellant David August Gambino, FILED. Service date 02/13/2026 by United States Mail. [Entered: 02/18/2026 11:54 AM] [Edited: 03/11/2026 03:11 PM] |
| Filing 37 DEFECTIVE DOCUMENT, Reply to Opposition, at docket entry 36, on behalf of Appellant David August Gambino, copy to pro se, FILED. [Entered: 02/13/2026 10:08 AM] [Edited: 02/18/2026 02:45 PM] |
| Filing 36 REPLY TO OPPOSITION, on behalf of Appellant David August Gambino, FILED. Service date 02/03/2026 by United States Mail. [Entered: 02/13/2026 09:29 AM] [Edited: 03/11/2026 03:09 PM] |
| Filing 35 CERTIFICATE OF SERVICE, for Opposition to Motion to Reopen, Reinstate, and Supplement his Appeal, on behalf of Appellee Theresa Lewis, Appellee Robert Booth, Appellee Hudson Rankin, Appellee Russell Goeseke, Appellee Corey Lewis, Appellee Charles Reabold, Appellee Traci Haner, Appellee Niagara County, NY, FILED. Service date 02/04/2026 by United States Mail. [Entered: 02/04/2026 03:48 PM] [Edited: 02/04/2026 04:47 PM] |
| Filing 34 OPPOSITION, for motion to reopen and reinstate action and supplement appellate grounds, at docket entry 24, on behalf of Appellee Theresa Lewis, Appellee Robert Booth, Appellee Hudson Rankin, Appellee Russell Goeseke, Appellee Corey Lewis, Appellee Charles Reabold, Appellee Traci Haner, Appellee Niagara County, NY, FILED. Service date 02/02/2026 by United States Mail. [Entered: 02/02/2026 04:00 PM] [Edited: 02/02/2026 04:51 PM] |
| Filing 33 OPPOSITION, to Motion for assignment of pro bono counsel, at docket entry 25, on behalf of Appellee Theresa Lewis, Appellee Robert Booth, Appellee Hudson Rankin, Appellee Russell Goeseke, Appellee Corey Lewis, Appellee Charles Reabold, Appellee Traci Haner, Appellee Niagara County, NY, FILED. Service date 01/23/2026 by ACMS. [Entered: 01/23/2026 03:54 PM] |
| Filing 32 STRIKE ORDER, striking Appellant David August Gambino Motion at entry number 7 from the docket, copy to pro se, FILED. [Entered: 01/23/2026 12:41 PM] |
| Filing 31 DEFECTIVE DOCUMENT, Motion Opposition, at docket entry 30, on behalf of Appellee Theresa Lewis, Appellee Robert Booth, Appellee Hudson Rankin, Appellee Russell Goeseke, Appellee Corey Lewis, Appellee Charles Reabold, Appellee Traci Haner, Appellee Niagara County, NY, FILED. [Entered: 01/20/2026 09:40 AM] |
| Filing 30 MOTION OPPOSITION, to motion to proceed in forma pauperis, on behalf of Appellee Theresa Lewis, Appellee Robert Booth, Appellee Hudson Rankin, Appellee Russell Goeseke, Appellee Corey Lewis, Appellee Charles Reabold, Appellee Traci Haner, Appellee Niagara County, NY, FILED. Service date 01/16/2026 by ACMS. [Entered: 01/16/2026 04:02 PM] [Edited: 01/20/2026 09:23 AM] |
| Filing 29 CURED DEFECTIVE DOCUMENT, Motion, at entry 25, on behalf of Appellant David August Gambino, FILED. [Entered: 01/13/2026 08:17 AM] |
| Filing 28 CURED DEFECTIVE DOCUMENT, Motion, at entry 24, on behalf of Appellant David August Gambino, FILED. [Entered: 01/13/2026 08:13 AM] |
| Filing 27 CURED DEFECTIVE DOCUMENT, Form D-P, at entry 23, on behalf of Appellant David August Gambino, FILED. [Entered: 01/13/2026 08:11 AM] |
| Filing 26 CURED DEFECTIVE DOCUMENT, Acknowledgment and Notice of Appearance Form, at entry 22, on behalf of Appellant David August Gambino, FILED. [Entered: 01/13/2026 08:08 AM] |
| Filing 25 MOTION, for assignment of pro bono counsel, on behalf of Appellant David August Gambino, FILED. Service date 01/05/2026 by United States Mail. [Entered: 01/13/2026 08:05 AM] |
| Filing 24 MOTION, to reopen and reinstate action and supplement appellate grounds, on behalf of Appellant David August Gambino, FILED. Service date 01/05/2026 by United States Mail. [Entered: 01/13/2026 08:02 AM] |
| Filing 23 FORM D-P, on behalf of Appellant David August Gambino, FILED. Service date 01/05/2026 by United States Mail. [Entered: 01/13/2026 07:58 AM] |
| Filing 22 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant David August Gambino, FILED. Service date 01/05/2026 by United States Mail. [Entered: 01/13/2026 07:31 AM] |
| Filing 21 DEFECTIVE DOCUMENT, Motion, at docket entry 17, on behalf of Appellant David August Gambino, FILED. [Entered: 12/29/2025 08:54 AM] |
| Filing 20 DEFECTIVE DOCUMENT, Motion, at docket entry 16, on behalf of Appellant David August Gambino, FILED. [Entered: 12/29/2025 08:51 AM] |
| Filing 19 DEFECTIVE DOCUMENT, Form D-P, at docket entry 15, on behalf of Appellant David August Gambino, FILED. [Entered: 12/29/2025 08:47 AM] |
| Filing 18 DEFECTIVE DOCUMENT, Acknowledgment and Notice of Appearance Form, at docket entry 14, on behalf of Appellant David August Gambino, FILED. [Entered: 12/29/2025 08:43 AM] |
| Filing 17 MOTION, for assignment of pro bono counsel, to proceed in forma pauperis, on behalf of Appellant David August Gambino, FILED. Service date 12/17/2025 by No Service. [Entered: 12/22/2025 01:41 PM] [Edited: 12/30/2025 12:19 PM] |
| Filing 16 MOTION, to reopen and reinstate action and supplement appellate grounds, on behalf of Appellant David August Gambino, FILED. Service date 12/17/2025 by No Service. [Entered: 12/22/2025 01:37 PM] |
| Filing 15 FORM D-P, on behalf of Appellant David August Gambino, FILED. Service date 12/17/2025 by No Service. [Entered: 12/22/2025 01:31 PM] |
| Filing 14 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant David August Gambino, FILED. Service date 12/17/2025 by No Service. [Entered: 12/22/2025 01:30 PM] |
| Filing 13 FIRST SUPPLEMENTAL ELECTRONIC INDEX, in lieu of record, FILED. [Entered: 12/15/2025 11:10 AM] |
| Filing 12 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Theresa Lewis, Appellee Robert Booth, Appellee Hudson Rankin, Appellee Russell Goeseke, Appellee Corey Lewis, Appellee Charles Reabold, Appellee Traci Haner, Appellee Niagara County, NY, FILED. Service date 12/08/2025 by United States Mail. [Entered: 12/08/2025 12:13 PM] |
| Filing 11 NOTICE, to Appellee Charles Reabold, Corey Lewis, Hudson Rankin, Niagara County, NY, Robert Booth, Russell Goeseke, Theresa Lewis, Traci Haner, for failure to file an appearance, SENT. [Entered: 12/05/2025 12:56 PM] |
Filing 10
ORDER, dated 12/05/2025, dismissing this appeal by 12/26/2025, unless Appellant David August Gambino submits an Acknowledgment and Notice of Appearance, copy to pro se, FILED. [Entered: 12/05/2025 12:37 PM]
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Filing 9
ORDER, dated 12/05/2025, dismissing this appeal by 12/26/2025, unless Appellant David August Gambino submits Fomr D-P, copy to pro se, FILED. [Entered: 12/05/2025 12:11 PM]
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| Filing 8 DEFECTIVE DOCUMENT, Motion to proceed in forma pauperis, to vacate the District Court judgment, and for mistrial, at docket entry 7, on behalf of Appellant David August Gambino, copy to pro se appellant, FILED. [Entered: 12/02/2025 01:25 PM] |
| Filing 6 INSTRUCTIONAL FORMS, to Pro Se litigant, SENT. [Entered: 11/20/2025 11:04 AM] [Edited: 12/02/2025 01:35 PM] |
| Filing 5 NON-ADMITTED ATTORNEY, Charles E. Graney, orally informed to apply for admission forthwith and submit Addendum A to Notice of Appearance, NOTIFIED. [Entered: 11/20/2025 10:42 AM] |
| Filing 4 PRISONER APPEAL, on behalf of Appellant David August Gambino, OPENED. [Entered: 11/20/2025 10:36 AM] |
| Filing 7 MOTION, to proceed in forma pauperis, to vacate the District Court judgment, and for mistrial, on behalf of Appellant David August Gambino, FILED. No Service. [Entered: 12/02/2025 01:09 PM] |
| Filing 3 ELECTRONIC INDEX, in lieu of record, FILED. [Entered: 11/20/2025 10:30 AM] |
| Filing 2 DISTRICT COURT JUDGMENT, dated 11/12/2025, RECEIVED. [Entered: 11/20/2025 10:21 AM] |
| Filing 1 NOTICE OF PRISONER APPEAL, with district court docket, on behalf of Appellant David August Gambino, FILED. [Entered: 11/20/2025 10:17 AM] |
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