Key v. Henderson et al
| Olsen Leonard Key, Jr. |
| Officer Gregory Henderson, Bureau of Prisons and Office of the United States Attorney |
| 1:2007cv01629 |
| April 18, 2007 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kings |
| Lois Bloom |
| VJ-Tucker L Melancon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2012. A more recent docket listing may be available from PACER.
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| Filing 124 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/10/08, before Judge Sandra Feuerstein. Court Reporter/Transcriber E Combs. Email address: ellencombs@hotmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/10/2013. Redacted Transcript Deadline set for 1/21/2013. Release of Transcript Restriction set for 3/20/2013. (Combs, Ellen) |
| Filing 123 Letter dated 9/6/11 from Olsen Leonard Key Jr., in response to the Government's #122 letter dated 8/29/11. (Latka-Mucha, Wieslawa) |
| Filing 122 Letter to Clerk of Court Regarding Defendant's Bill of Costs by Olsen Leonard Key, Jr (Abell, Kenneth) |
Filing 121
ORDER: Plaintiff requests a telephone conference to address the bill of costs recently filed by defendant in this case. Although plaintiff disputes the amount sought in the bill of costs, he does not raise any grounds for the Court to deny costs to defendant. Accordingly, plaintiff's #120 request for a telephone conference is denied. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 4/8/2011) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 120 MOTION / Letter dated 3/25/11 from Olsen Key to USMJ Bloom, informing Your Honor that pltff was recently provided with the Bill of Costs dated 3/2/11 and yet the the judgment was entered on 8/12/09. Pltff states that AUSA Kenneth Abell is seeking interest from the date of the entry of the judgment. Pltff states that "the Bill of Costs is completely inaccurate and he simply has no intentions on paying an overly exaggerated bill, especially while incarcerated." Pltff request a phone conference to discuss this matter. (Galeano, Sonia) Please Note: that the attached Envelope to this submission states that Pltff is currently located at Coxsackie Correctional Facility. (Docket Sheet Updated to reflect Pltff's current address as per this submission) (Modified) |
| Filing 119 NOTICE by Gregory Henderson re #117 Bill of Costs [Notice of Hearing] (Abell, Kenneth) |
| Filing 118 DECLARATION re #117 Bill of Costs Declaration of Kenneth Abell by Gregory Henderson (Attachments: #1 Exhibit Judgment, #2 Exhibit Mandate, #3 Exhibit Sheehan Declaration) (Abell, Kenneth) |
| Filing 117 BILL OF COSTS by Gregory Henderson (Abell, Kenneth) |
| Filing 116 MANDATE of USCA as to #115 Notice of Appeal filed by Olsen Leonard Key, Jr. It is Ordered that the appeal is dismissed effective 4/22/10. Issued as Mandate: 2/11/11. USCA#09-3855-pr. (McGee, Mary Ann) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. #115 Notice of Appeal. Documents 1-115 are online and may be docketed. (McGee, Mary Ann) |
| Filing 115 NOTICE OF APPEAL as to #114 Judgment, by Olsen Leonard Key, Jr. No fee paid. IFP granted. Service done via ECF. (McGee, Mary Ann) |
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Filing 114
JUDGMENT: Plaintiff's claim against defendant Gregory Henderson is dismissed with prejudice. Plaintiff is hereby taxed with all costs of these proceedings including the costs of his transportation to and from his resident correction facility as well as the costs of transportation from the holding facility in Manhattan to the Courthouse in Brooklyn. Ordered by Visiting Judge VJ, Tucker L. Melancon on 8/12/2009. (Chee, Alvin)
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Filing 113
ORDER OF SUSTENANCE to the 8 jurors during trial. Ordered by Visiting Judge VJ, Tucker L. Melancon on 8/12/2009. (Chee, Alvin)
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| Filing 112 Minute Entry for proceedings held before Visiting Judge VJ, Tucker L. Melancon: Jury Trial completed on 8/12/2009. Parties present. Testimony of Supervisor of Operations USMS Debora Hearn, Deputy Kenny Tores, Deputy Robert Cullari, Staff Attorney Elisa Mason from the BOP regarding plaintiff's refusal to appear in court. Plaintiff proceed. Trial resumes. Case dismissed with prejudice for reasons stated on the record. (Court Reporter: Shelly Silverman.) (Chee, Alvin) |
| Filing 111 Minute Entry for proceedings held before Visiting Judge VJ, Tucker L. Melancon: Jury Trial held on 8/11/2009. Parties present. Plaintiff's motion for counsel denied. Witnesses present: Olsen Key Jr., Gregory Henderson, Gerald Del Re. Trial continued to 8/12/09. (Court Reporter: Nicole Warren.) (Chee, Alvin) |
| Filing 110 Minute Entry for proceedings held before Visiting Judge VJ, Tucker L. Melancon: Jury Selection held on 8/10/2009. Parties present. Voir dire held. Jurors selected and sworn. Trial to begin on 8/11/09. (Court Reporter: Mickey Brymer.) (Chee, Alvin) |
| Filing 109 Minute Entry for proceedings held before Visiting Judge VJ, Tucker L. Melancon: Status Conference held on 8/10/2009. Parties present. Motion to recuse and continue trial heard and denied. Motion in limine revisited, granted in part/denied in part. Motion to amend complaint to add defendant heard and denied. (Court Reporter: Mickey Brymer.) (Chee, Alvin) |
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Filing 108
ORDER granting in part and denying in part #100 Motion in Limine (see order for details). Ordered by Visiting Judge VJ, Tucker L. Melancon on 8/7/2009. (Fernandez, Erica)
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| Filing 107 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 08/07/2009, before Judge Melancon. Court Reporter/Transcriber Nicole M. Warren. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/25/2009. Redacted Transcript Deadline set for 9/4/2009. Release of Transcript Restriction set for 11/2/2009. (Warren, Nicole) |
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Filing 105
TRIAL MANAGEMENT ORDER: Jury Selection set for 8/10/2009 at 10:30AM in courtroom 8A, 8TH floor before Visiting Judge VJ, Tucker L. Melancon. Prior to jury selection, the Court will conduct an on the record conference with pro se plaintiff and counsel for defendant commencing at 10:15AM. The attorney for the defendant is to ensure that the United States Marshall Service is advised of the foregoing. SO ORDERED, by Visiting Judge VJ, Tucker L. Melancon on 8/4/2009. C/M (Goddard, Elizabeth)
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| Filing 106 Letter dated 7/29/09 from Olsen Key to Judge Dearie, re: pltff's refusal of the govt's offer of two thousand dollars. Pltff informs the court of his intention to file a complaint against Judge Melancon for judicial misconduct and that a copy of such complaint will be provided to the court during the week of 8/10/09. Pltff request the court to assign a new judge for jury selection and trial for his case. (Galeano, Sonia) |
| Filing 104 Minute Entry: Status Conference held on 8/3/2009 before Visiting Judge VJ, Tucker L. Melancon. Case called before VJ Judge Melancon. Parties present. Hearing was conducted on plaintiff's Motion to Continue and Reopen Discovery, plaintiff's counsel Motion to Withdraw, and defendants Motion in Limine. The Court denied plaintiff's Motion to Continue and Reopen Discovery, granted plaintiff's counsel's Motion to Withdraw, and took the defendant's Motion in Limine under advisement pending review of the documents in camera. Defendant's counsel is to provide plaintiff with a copy of the trial deposition of witness J. St. Preux no later than 8/7/09. C/M (Court Reporter Nicole Warren.) (Goddard, Elizabeth) |
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Filing 103
ORDER denying #84 Motion for Discovery, to reopen discovery and for continuance. Defense counsel is, however, ordered to provide to the Court, for an in camera review, investigative summaries into alleged misconduct by Defendant Gregory Henderson during his employment with the Bureau of Prisons. Ordered by Visiting Judge VJ, Tucker L. Melancon on 8/3/2009. C/M (Goddard, Elizabeth)
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Filing 102
ORDER, withdrawing Brian W. Song and Arthur M. Roberts appearance as counsel of record for Plaintiff. Ordered by Visiting Judge VJ, Tucker L. Melancon on 8/3/2009. C/M (Goddard, Elizabeth)
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| Filing 101 MEMORANDUM in Support re #100 MOTION in Limine filed by Gregory Henderson. (Abell, Kenneth) |
| Filing 100 MOTION in Limine by Gregory Henderson. (Abell, Kenneth) |
| Filing 99 RESPONSE in Opposition re #84 MOTION for Discovery to reopen discovery and continuance filed by Gregory Henderson (Abell, Kenneth) Modified on 7/30/2009 (Chee, Alvin). |
| Filing 98 NOTICE by Olsen Leonard Key, Jr withdrawal of counsel (Song, Brian) |
| Filing 96 Minute Entry: Telephone conference held before Visiting Judge VJ, Tucker L. Melancon. Counsel for plaintiff and defendant present. Plaintiff states that he no longer wish to have Mr. Song represent him. Mr. Song did not feel it was appropriate for him to represent plaintiff at trial. The Court instructs Mr. Song to file a motion to withdraw as Mr. Key's attorney and that the motion would be taken up at the 8/3/09 hearing. (Goddard, Elizabeth) |
| Filing 95 Minute Entry: Telephone conference held today at 12:00PM. (See attached minute entry for further details). Visiting Judge VJ, Tucker L. Melancon (Goddard, Elizabeth) |
| Filing 94 Minute Entry for proceedings held before Visiting Judge VJ, Tucker L. Melancon:Telephone Conference held on 7/28/2009. Counsel for both parties present. Continued telephone status conference on 7/29/09 at 2:00PM. CDT if the plaintiff can be available by the correctional facility in which he is housed. Counsel are to advise the Court's law clerk, Cliff LaCour, by noon CDT if plaintiff is available. Witness J. St. Preux will be allowed to testify by deposition and the trial subpoena shall be recalled. (Goddard, Elizabeth) |
| Filing 93 NOTICE of Appearance by Kathleen Anne Nandan on behalf of Gregory Henderson (aty to be noticed) (Nandan, Kathleen) |
| Filing 92 Proposed Jury Instructions by Olsen Leonard Key, Jr (Song, Brian) |
| Filing 91 NOTICE of Hearing: Settlement Conference via telephone set for 7/29/2009 04:30 PM before Visiting Judge VJ, Tucker L. Melancon. see attached order. (Susi, PaulaMarie) |
| Filing 90 MOTION for Settlement Conference by Gregory Henderson. (Attachments: #1 Exhibit Conference Transcript, #2 Exhibit Letter to Judge Amon) (Abell, Kenneth) |
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Filing 89
ORDER Setting Hearing on Motion #84 MOTION for Discovery to reopen discovery and continuance : Motion Hearing set for 8/3/2009 11:00 AM in Courtroom 304 North before Visiting Judge VJ, Tucker L. Melancon.. Ordered by Visiting Judge VJ, Tucker L. Melancon on 7/24/2009. (Susi, PaulaMarie)
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| Filing 88 NOTICE of Appearance by Arthur M Roberts on behalf of Olsen Leonard Key, Jr (aty to be noticed) (Roberts, Arthur) |
| Filing 87 MOTION for Extension of Time to File settlement proposal by Olsen Leonard Key, Jr. (Song, Brian) |
| Filing 86 AFFIDAVIT/DECLARATION in Support re #84 MOTION for Discovery to reopen discovery and continuance filed by Olsen Leonard Key, Jr. (Song, Brian) |
| Filing 85 MEMORANDUM in Support re #84 MOTION for Discovery to reopen discovery and continuance filed by Olsen Leonard Key, Jr. (Song, Brian) |
| Filing 84 MOTION for Discovery to reopen discovery and continuance by Olsen Leonard Key, Jr. (Attachments: #1 Exhibits to motion to reopen discovery) (Song, Brian) |
| Filing 83 NOTICE of Appearance by Brian Woo Hyon Song on behalf of Olsen Leonard Key, Jr (notification declined or already on case) (Song, Brian) |
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Filing 82
ORDER: Pro bono counsel has requested the Court's assistance to arrange a telephone conference with plaintiff, who is incarcerated in the Southport Correctional Facility, to discuss a settlement offer. Accordingly, the Court requests the Superintendent of the Southport Correctional Facility to make plaintiff available by telephone for consultation with pro bono attorney, Brian W. Song, Esq., on Thursday, July 23, 2009 at 2:00 p.m., and to provide Mr. Song with the phone number and extension to contact plaintiff. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 7/22/2009) C/mailed; C/faxed by Chambers. (Latka-Mucha, Wieslawa)
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| Filing 81 (Faxed) Letter dated 7/22/2009 from plaintiff's counsel Brian Woo Song to Judge Bloom, requesting that the Court issue an order to the Superintendent of the Southport Correctional Facility to make Mr. Key available for a telephone conference with the undersigned on 7/23/2009 at 2:00 p.m. (Latka-Mucha, Wieslawa) |
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Filing 80
ORDER granting #79 Motion for Extension of Time to File. The deadline for submission of jury instructions is RESET for July 24, 2009. Counsel are to be prepared to discuss all disputes as to the jury instructions and jury interrogatories at the August 3, 2009 conference. (Ordered by Visiting Judge VJ, Tucker L. Melancon on 7/20/2009).C/M (Goddard, Elizabeth)
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| Filing 79 MOTION for Extension of Time to File Proposed Jury Instructions by Gregory Henderson. (Abell, Kenneth) |
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Filing 78
ORDER, This pro se civil action has been transferred to visiting Judge Tucker L. Melancon for trial in early August. The Court has requested pro bono counsel to represent pltff for trial. Pro bono counsel has requested the Court's assistance to arrange a telephone conference with pltff who is incarcerated in the Southport Correctional Facility. Accordingly, the Court requests the Superintendent of Southport Correctional Facility to make pltff available by telephone for consultation with pro bon attorney, Brian W. Song, Esq., on 7/20/09 at 11:00 a.m., and to provide Mr. Song with the phone number and extension to contact pltff. (Ordered by Magistrate Judge Lois Bloom on 7/16/2009) c/m (Galeano, Sonia)
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| Filing 77 Letter dated 7/16/09 from Brian W. Song to USMJ Bloom, informing the Court that Mr. Song will be representing Mr. Key as pro bono counsel and stating that he has not yet entered his notice of appearance. Mr. Song request that the Court issue an order to the Superintendent of Southport Correctional Facility to make Mr. Key available for a telephone conference with counsel on 7/20/09 at 11:00. (Galeano, Sonia) |
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Filing 76
TRIAL MANAGEMENT ORDER: Jury Selection set for Thursday, 8/6/2009 or Friday, 8/7/09 at 10:30AM before Visiting Judge VJ, Tucker L. Melancon in Courtroom 302 NORTH, 3rd Floor. Jury Trial set for 8/10/2009 at 10:00AM before Visiting Judge VJ, Tucker L. Melancon in Courtroom 302 NORTH, 3rd Floor. Ordered by Visiting Judge VJ, Tucker L. Melancon on 7/16/2009. (Goddard, Elizabeth)
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| Filing 75 Letter MOTION for Writ of Habeas Corpus ad testificandum for appearance at conference and trial by Gregory Henderson. (Attachments: #1 Proposed Order Writ for appearance at conference and trial) (Mulry, Kevin) |
| Filing 74 NOTICE of Hearing: before Visiting Judge VJ, Tucker L. Melancon: Jury selection in this case will commence on either Thursday, August 7, 2009 or Friday, August 8, 2009 depending on the Court's remaining docket. (Goddard, Elizabeth) C/M |
| Filing 73 Minute Entry: The Court will conduct a conference set for 8/3/2009 11:00AM before Visiting Judge VJ, Tucker L. Melancon. Plaintiff may participate via telephone if he has not retained or counsel has not been appointed to represent him. If plaintiff has retained or counsel has been appointed, counsel shall attend the conference. Trial on the merits is RESET for 8/10/09 at 10:00AM. Jury selection will commence on 8/6/09 or 8/7/09 at 10:30AM depending on the Court's remaining docket. Counsel for the defendant shall immediately prepare a writ for production of plaintiff returnable 8/6/09. The attorney for the defendant is to advise the Court immediately in the event the case settles. (Goddard, Elizabeth) (Goddard, Elizabeth). |
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ORDER: re #72 Letter filed on behalf of Officer Gregory Henderson. Parties should adhere to the schedule given at the June 25, 2009 conference. The Court has asked Magistrate Judge Bloom to try and find pro bono counsel to assist the plaintiff at trial. So Ordered by Judge Carol B. Amon on 7/1/2009. (copy mailed to Pro se Plaintiff Inmate Olsen Key) (Liberatore, Marie)
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| Filing 72 Letter Regarding Settlement Issues by Gregory Henderson (Abell, Kenneth) |
| Visiting Judge VJ, Tucker L. Melancon added. Judge Carol B. Amon no longer assigned to case. (Vaughn, Terry) |
| Minute Entry: Pretrial Conference held by telephone on 6/26/2009 before Judge Amon. Appearances: Plaintiff Pro Se Inmate Olsen L. Key, Jr. For Defendant - AUSA Kenneth Abell. Jury selection and trial set for November 9, 2009 at 9:30am. Defendant will submit a letter regarding his settlement position by July 2, 2009, with copy to the Court and to plaintiff. Defendant will submit proposed jury instructions by July 17, 2009. Defendant will prepare a writ for production of plaintiff no later than six weeks in advance of trial, returnable November 6, 2009. A status conference is set for November 6, 2009 at 10:00am. The Court will make efforts to secure counsel for plaintiff. (Court Reporter Nicole Warren.) (Liberatore, Marie) |
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Filing 71
NOTICE OF PRETRIAL CONFERENCE BY TELEPHONE: The Court shall hold a pretrial conference by telephone in the above-captioned case on Friday, June 26, 2009 at 10:30am before Judge Carol Bagley Amon. The Superintendent of Southport Correctional Facility shall make plaintiff/inmate available at that time. AUSA Kenneth Abell (718-254-7489) is requested to arrange and initiate the conference call to Judge Amons chambers (718) 613-2410. So Ordered by Judge Amon on 6/11/2009. (A copy of this Order will be mailed and faxed to the Superintendent of Southport. Copies mailed to the plaintiff/inmate and AUSA Kenneth Abell). (Liberatore, Marie)
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Filing 70
ORDER REASSIGNING CASE. Case reassigned to Judge Carol B. Amon for all further proceedings. Judge Sandra J. Feuerstein no longer assigned to case. Ordered by Chief Judge Raymond J. Dearie on 4/29/2009. (Bowens, Priscilla)
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| Filing 69 Proposed Pretrial Order Jointly Submitted by Olsen Leonard Key, Jr, Gregory Henderson (Abell, Kenneth) |
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Filing 68
ENDORSED ORDER on letter dtd. 12/23/08: appication is granted. We inserted plaintiff's list of exhibits and witnesses into the proposed order we sent to plainitff on 12/11/08. We will file it on ECF as the parties Joint Pre-Trial Order. Ordered by Judge Sandra J. Feuerstein on 1/7/09. (Bollbach, Jean)
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| Filing 65 Letter Regarding Joint Pre-Trial Order by Gregory Henderson (Abell, Kenneth) |
| Filing 67 Proposed Joint Pre-trial Order filed by Olsen Leonard Key, Jr. (Galeano, Sonia) |
| Filing 66 Letter dated 12/10/08 from Olsen Key to Judge Feuerstein, informing Your Honor that petitioner received legal mail from the Family Court of Nassau County requesting petitioner's appearance on 12/19/08. Petitioner's states that due to the Family Court appearance he will be transferred from his current location during the week of 12/15/08. Petitioner request an extension to serve and file the pre-trial order upon this Court and deft's attorney; and further request that he not be held responsible as a result of the late Family Court notice. (Galeano, Sonia) |
| Filing 64 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Counsel present. Telephone Status Conference held on 12/10/2008. Decision: Order entered on the record. Case is ready for trial. Plaintiff to submit and have JPTO postmarked by 12/19/08 at 9:00 AM. (Court Reporter Ellen Combs.) (Brienza, Lauren) |
| NOTICE of Hearing: Telephone Conference set for 12/10/2008 12:30 PM before Judge Sandra J. Feuerstein. Defense counsel is directed to make all necessary arrangements for incarcerated plaintiff to appear by telephone. Defense counsel is directed to serve a copy of this notice on the plaintiff and initiate the conference call to 631-712-5630. c/ecf (Morabito, Bryan) |
| Filing 63 Letter by Gregory Henderson (Abell, Kenneth) |
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Filing 62
ORDER endorsed on doc.#60 : Plaintiff's request for the Court to compel defendant to respond to his 10/18/08 request is DENIED. Discovery closed in this case on 8/18/08. So Ordered. (Ordered by Magistrate Judge Lois Bloom, on 11/13/2008) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 61 Letter by Gregory Henderson (Abell, Kenneth) |
| Filing 60 Letter dated 10/31/08 from Olsen Key to USMJ Bloom, requesting that the Court instruct defts to respond to pltff's discovery request. (Galeano, Sonia) |
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ENDORSED ORDER on doc. #56, Responsive Documents that are not provided by pltff to deft's counsel by 10/31/08 shall be precluded. The motion schedule proposed is approved. Pltff shall serve his opposition to the motion by 12/30/08; his opposition shall be filed with the Court electronically by defts's counsel on 1/15/09. (Ordered by Magistrate Judge Lois Bloom on 9/29/08) c/m (Galeano, Sonia)
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| Filing 59 NOTICE of Change of address by Olsen Leonard Key, Jr. (Docket Sheet Updated) (Galeano, Sonia) |
| Filing 58 NOTICE of Appearance by Kenneth M. Abell on behalf of Gregory Henderson (aty to be noticed) (Abell, Kenneth) |
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Filing 57
ORDER re #56 Letter filed by Gregory Henderson - The application is referred to Magistrate Judge Bloom for decision. Ordered by Judge Sandra J. Feuerstein on 9/24/08. (Brienza, Lauren)
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| Filing 56 Letter proposing briefing schedule for defendant's motion for summary judgment by Gregory Henderson (Merchant, Orelia) |
| Filing 55 Letter dated 8/30/08 from Olsen Key to USMJ Bloom, informing Your Honor that due to a scheduled deposition with the AAG, Inna Reznik @ Sing Sing Corr. Fac., petitioner may be a few days late re: the Court's deadline for production of documents to be served on defts. Petitioner further states that he is still confined at Sing Sing Corr. Fac. awaiting transfer back to Upstate Corr. Fac. Petitioner indicates that all discovery requests will be answered and served immediately upon his arrival back to Upstate Corr. Fac. (fwd. to USMJ Bloom) (Galeano, Sonia) |
| Filing 54 NOTICE of Appearance by Orelia E. Merchant on behalf of Gregory Henderson (aty to be noticed) (Merchant, Orelia) |
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ENDORSED ORDER ON DOC. #53, the application is denied. Discovery is closed. If pltff requires an extension on his portion of the pretrial order, he should write to Mr. Warshawsky and the Court. (Ordered by Magistrate Judge Lois Bloom on 9/3/08) c/m (Galeano, Sonia)
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| Filing 53 Letter dated 8/6/08 from Olsen Key to USMJ Bloom, requesting an extension to file discovery upon deft's attorney, Steven M. Warshawsky. (Fwd. to USMJ Bloom) (Galeano, Sonia) |
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Filing 52
ORDER, pltff's request that deft's attorney "make all arrangements" for pltff to conduct his deposition is denied. (Ordered by Magistrate Judge Lois Bloom on 7/15/08) c/m (Galeano, Sonia)
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| Filing 51 REPLY in Opposition to Plaintiff's discovery motion filed July 10, 2008 (docket entry 50) filed by Gregory Henderson. (Warshawsky, Steven) |
| Filing 50 Letter dated 7/3/08 from Olsen Key, Jr. to Clerk of Court, requesting oral deposition and that the Court instruct deft Officer Gregory Henderson, and deft's attorney, Steven M. Warshawsky to answer all questions,including all arrests and convictions of officers previously employed by the BOP, specifically the MDC. Pltff further request that deft's attorney be instructed to make all arrangements for the Superintendent of Upstate Correctional Facility, to make pltff available on the date determined by the Court. (fwd. to USDJ Feuerstein) (Galeano, Sonia) |
| Filing 49 Transcript of Civil Cause for Telephone Conference held on 6/19/2008, before the Honorable Lois Bloom, United States Magistrate Judge. Court Transcriber Rosalie Lombardi; Transcription Plus II - Telephone number: (516) 358-7352. (Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER). Redaction Request due 7/17/2008. Redacted Transcript Deadline set for 7/28/2008. Release of Transcript Restriction set for 9/24/2008. (52 pages) (Latka-Mucha, Wieslawa) |
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Filing 48
ORDER, the Court held a telephonic conference in this case today to address the parties' letters re: discovery issues. A transcript of the conference shall be made part of the record. The issues raised by the parties' letters have been resolved and the parties will complete all discovery as scheduled by 8/15/08. Pltff shall serve his portion of the pretrial order on defts' counsel by 9/8/08 in accordance with Judge Feuerestein's individual rules, a copy of which shall be sent to pltff under separate cover. Deft's counsel shall incorporate pltff's portion of the order and file the joint pretrial order electronically by 9/30/08. (Ordered by Magistrate Judge Lois Bloom on 6/19/08) c/m (Galeano, Sonia)
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| Filing 47 Minute Entry: for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 6/19/2008. Tick #(s) 9:05-10:00. (Galeano, Sonia) |
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ENDORSED ORDER on doc. #43, that the application (see doc. #43) is referred to USMJ Bloom for decision. (Ordered by Judge Sandra J. Feuerstein on 5/30/08) c/m (Galeano, Sonia)
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Filing 45
ORDER, Pltff's request for a conference is granted and the Court shall hold a telephonic conference on 6/19/08 at 10:00 a.m. The Superintendent of Upstate Correctional Facility shall make pltff available at that time. Deft's counsel is requested to arrange and initiate the conference call. After establishing contact with pltff, deft's counsel shall telephone the Court at (718) 613-2170. (Ordered by Magistrate Judge Lois Bloom on 6/2/08) c/m (Galeano, Sonia) (Additional attachment(s) added on 6/3/2008: #1 Order dated 6/2/08) (Galeano, Sonia).
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| Filing 44 REPLY in Opposition to Plaintiff's letter dated May 22, 2008, and filed May 27, 2008 filed by Gregory Henderson. (Warshawsky, Steven) |
| Filing 46 Letter dated 5/21/08 from Olsen Key to USMJ Bloom, "informing Your Honor that petitioner's last letter dated 5/7/08 requesting an extension to attend the video-conference on 5/15/08, was not a request for pro bono counsel. Petitioner is now seeking to have Your Honor removed from his case. Petitioner states that he is sure that he will not survive his case and focuses on the Court of Appeals; where petitioner has read several of Your Honor's cases that have been overturned. (Fwd. to USMJ Bloom) (Galeano, Sonia) |
| Filing 43 Letter dated 5/22/08 from Olsen Key to Judge Feuerstein, requesting a telephone conference with the Court and defts, to resolve issues with production of discovery with deft's attorney, Steven M. Warshawsky. (Fwd. to USDJ Feuerstein) (Galeano, Sonia) |
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Filing 42
ORDER endorsed on doc.#40 : Plaintiff's request for the Court to appoint pro bono counsel is denied without prejudice. So Ordered. (Ordered by Magistrate Judge Lois Bloom, on 5/16/2008) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 41 REPLY in Opposition to Plaintiff's letter motion to compel discovery dated May 7, 2008 (entry #40) filed by Gregory Henderson. (Attachments: #1 Def's Objections and Responses to Pl's 10/3/07 and 11/9/07 Discovery Requests) (Warshawsky, Steven) |
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Filing 39
ORDER, the Court denies pltff's motion to compel. (Ordered by Magistrate Judge Lois Bloom on 5/14/08) c/m (Galeano, Sonia)
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| Filing 40 Letter dated 5/7/08 from Olsen Key to Judge Feuerstein, re: Mr. Warshawsky's refusal to provide pltff with production of documents. Pltff informs the Court that he is in the process of filing a complaint against USMJ Bloom at the Commission on Judicial Conduct, for failing to respond to pltff's motion to compel defts to respond to discovery requests. Pltff request an extension of the 5/15/08 video-conference to retain counsel. (Fwd. to USDJ Feuestein and USMJ Bloom) (Galeano, Sonia) |
| Filing 38 REPLY in Opposition to Plaintiff's letter motion to compel discovery (docket entry 37) filed by Gregory Henderson. (Attachments: #1 Exhibit Def's Objections and Responses to Pl's Discovery Requests) (Warshawsky, Steven) |
| Filing 37 Letter dated 4/28/08 from Olsen Key to Judge Feuerstein, re: refusal of documents. Pltff request that the Court issue a subpoena duces tecum upon defts atty, Steven Warshawsky, instructing defts to produce documents since 10/3/07 and 11/9/07. (Fwd. to USDJ Feuerstein) (Galeano, Sonia) |
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Filing 36
ORDER: Defendant's #35 motion to compel is granted. The Court hereby orders plaintiff to timely appear for his continued deposition via video-conference on Thursday, May 15, 2008 at 11:00 a.m. The Superintendent of Upstate Correctional Facility shall make plaintiff available for the video-conference at that time. This is a Court Order and plaintiff must comply. Defendant shall inform the Court by 9/15/2008 whether he intends to move for summary judgment; defendant's letter shall set forth the basis for any motion as well as a propose briefing schedule. So Ordered. (Ordered by Magistrate Judge Lois Bloom, on 4/29/2008) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 35 MOTION to Compel the plaintiff to attend deposition and to answer questions regarding his criminal history and the incident on September 14, 2005 by Gregory Henderson. (Warshawsky, Steven) |
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Filing 34
ORDER, The Court held a telephonic conference in this matter on 4/9/08 and granted pltff permission to serve additional interrogatories on deft, up to a total of 50 interrogatories, including those previously served. The Court set 8/15/08 as the deadline for the parties to complete all discovery. Pltff stated that he has obtained a copy of the rules re: discovery. Since 8/15/08 is the deadline for the completion of all discovery, requests to the opposing party must be served at least 30 days before that deadline. Deft was granted permission to conduct pltff's deposition upon oral examination pursuant to FRCP 30(a)(2)(B). Deft shall inform the Court by 9/15/08 whether he intends to move for summary judgment; deft's letter shall set forth the basis for any motion as well as a proposed briefing schedule. (Ordered by Magistrate Judge Lois Bloom on 4/9/08) c/m (Galeano, Sonia)
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| Filing 33 Minute Entry: for proceedings held before Magistrate Judge Lois Bloom:Final Pretrial/Settlement/Telephone Conference held on 4/9/2008. Tick #(s) 9:36-10:14. (Galeano, Sonia) |
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Filing 32
ORDER, The Court shall hold a telephonic conference in this case on 4/9/08 at 10:30 a.m. Deft's counsel is requested to arrange and initiate the conference call. The Superintendent of Upstate Corr. Fac. shall make pltff available at a phone at that time. After establishing contact w/ pltff, counsel shall telephone the Court. (Ordered by Magistrate Judge Lois Bloom on 3/13/08) c/m (Galeano, Sonia)
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Filing 31
ORDER granting in part and denying in part #27 Motion to Dismiss; denying #29 Motion for Summary Judgment. The order referring dfts' partial motion to dismiss is hereby vacated and dfts' motion to dismiss all of plff's claims, with the exception of his excessive force claim against Officer Henderson, is granted as unopposed. The complaint is dismissed in its entirety as against dft Bureau of Prisons. Plaintiff's motion for summary judgment is denied, without prejudice, as premature. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 3/4/08. (Brienza, Lauren)
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| Filing 29 MOTION for Summary Judgment filed by Olsen Leonard Key, Jr. (Galeano, Sonia)Forwarded to Judge Feurestein.(See Affidavit in support and Affirmation of service attached). |
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ORDER REFERRING MOTION: #27 Fully Briefed MOTION to Dismiss (not opposed by Plaintiff) filed by Gregory Henderson, Bureau of Prisons. Ordered by Judge Sandra J. Feuerstein on 2/14/08. Motions referred to Lois Bloom. (Morabito, Bryan)
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| Filing 30 AFFIRMATION in Opposition to Defendant's Motion to Dismiss; filed by pro se Olsen Leonard Key, Jr., dated 2/2/2008. W/Affirmation of Service. (Forwarded to Judge Feuerstein) (Latka-Mucha, Wieslawa) |
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Filing 28
ORDER endorsed on doc.#26 : The application is granted. So Ordered. (Ordered by Magistrate Judge Lois Bloom, on 2/13/2008) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 27 Fully Briefed MOTION to Dismiss (not opposed by Plaintiff) by Bureau of Prisons, Gregory Henderson. Responses due by 2/13/2008 (Attachments: #1 Def. Memorandum of Law) (Warshawsky, Steven) |
| Filing 26 Letter MOTION for Extension of Time to File Response/Reply to deft's motion to dismiss all of pltff's claims except pltff's excessive force claim against Officer Gregory Henderson and noting that pltff has been transferred to Upstate Corr. Fac., filed by Olsen Leonard Key, Jr. (Galeano, Sonia) Docket Sheet Updated. Fwd. to USMJ Bloom. |
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ENDORSED ORDER on doc. #25, denying #25 Motion to Compel. Discovery is stayed pending the Court's decision on deft's motion to dismiss. (Ordered by Magistrate Judge Lois Bloom on 1/31/08) c/m (Galeano, Sonia)
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| Filing 25 MOTION for an Order to Compel Discovery, filed by Olsen Leonard Key, Jr. (w/ Affidavit/Affirmation attached) (Galeano, Sonia) |
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Filing 24
ORDER, pltff's request for an extension of time to oppose defts' motion is granted and the Court resets the briefing schedule as follows: pltff shall serve his opposition to the motion on defts' atty by 2/8/08; any reply shall be served and the fully briefed motion shall be filed electronicaly by defts' counsel by 2/22/08. Pltff's request that the Court order defts to respond to his Requests for Documents is denied. Generally, discovery is stayed pending decision on a motion to dismiss. Once the motion is decided, the Court will set the deadline for the parties to complete all discovery. At this point in time, pltff should focus on opposing defts' motion by 2/8/08. If pltff does not oppose defts' motion by 2/8/08, the Court will consider the motion unopposed. (So Ordered by USMJ Bloom, dated 12/17/07) c/m Ordered by Magistrate Judge Lois Bloom on 12/17/07. (Galeano, Sonia)
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| Filing 23 Letter MOTION for Extension of Time to File and serve opposition to deft's motion to dismiss and requesting that the Court instruct defts to respond to pltff's request for documents under oath w/in 30 days of service pursuant to FRCP 33,34 and 45, filed by Olsen Leonard Key, Jr. (Galeano, Sonia) Fwd. to USDJ Feuerstein. |
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Filing 22
ORDER, the Clerk of Court is directed to mark defts' #21 Motion as withdrawn w/o prejudice to re-filing once the motion is fully briefed, according to the schedule set forth herein. As pltff is proceeding pro se, the Court advises pltff to contact the Court's Pro Se Office to obtain instructions on how to oppose a motion. Pltff shall serve his opposition to the motion on defts' attorney by 1/4/08; any reply shall be served and the fully briefed motion shall be filed electronically by defts' counsel by 1/18/08. If pltff fails to serve his opposition to the motion by 1/4/08; defts may re-file their motion which the Court shall at that time consider unopposed. Defts are advised to comply with the notice required under Local Civil Rules 12.1 and 56.2 if the motion refers to any matter outside the pleadings. (Ordered by Magistrate Judge Lois Bloom on 11/26/07) c/m (Galeano, Sonia)
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| Filing 21 MOTION to Dismiss by Bureau of Prisons, Gregory Henderson. Responses due by 12/10/2007 (Attachments: #1 Def. Memorandum of Law) (Warshawsky, Steven) |
| Filing 20 NOTICE of Change of Address; filed by pro se Olsen Leonard Key, dated 11/9/2007. Petitioner's address updated. (Latka-Mucha, Wieslawa) |
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ENDORSED ORDER on doc. #19, granting #19 Motion for Extension of Time to Answer. (Ordered by Judge Lois Bloom on 10/29/07) c/m (Galeano, Sonia)
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| Filing 19 First MOTION for Extension of Time to File Answer to Plaintiff's amended and supplemental complaints, by November 23, 2007 by all defendants. (Warshawsky, Steven) |
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Filing 18
ORDER: On October 3, 2007, plaintiff filed a #17 "supplement to amended complaint," withdrawing his FTCA claims and his claims against the U.S. Attorney's Office. Defendants shall respond to plaintiff's amended and supplemented complaint by 11/2/2007. The Court sets 2/4/2008 as the deadline for the parties to complete all discovery. Defendants are granted permission to conduct plaintiff's deposition upon oral examination pursuant to Fed. R. Civ. P. 30(a)(2). Defendants shall write to inform the Court within 30 days of the close of discovery if they intend to make a dispositive motion, stating the basis for their motion, and setting a proposed briefing schedule. So Ordered. (Ordered by Judge Lois Bloom, on 10/22/2007) C/M. (Latka-Mucha, Wieslawa)
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| Filing 17 SUPPLEMENT to #12 Amended Complaint; filed by pro se Olsen Leonard Key Jr., dated 10/3/2007. W/Attachments. (Latka-Mucha, Wieslawa) |
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Filing 15
ORDER, the Court therefore directed pltff to supplement his amended complaint in writing, w/drawing his claim against the United States Atty as well as the BOP and naming any proper individual defts he intended to substitute into his amended complaint. The defts' response to the amended complaint is stayed pending further order of the Court. (Ordered by Judge Lois Bloom on 9/20/07) c/m (Galeano, Sonia)
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| Filing 16 Minute Entry for proceedings held before Lois Bloom : Initial Conference Hearing held on 9/19/2007, Telephone Conference held on 9/19/2007. Tick #10:31-10:55. (Drayton, Lorraine) |
| Filing 14 NOTICE of Change of address filed by Olsen Leonard Key, Jr. (Docket Sheet Updated) (Galeano, Sonia) |
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Filing 13
ORDER, the Court shall hold an initial telephone conference on 9/19/07 at 11:00 a.m., defts' counsel is requested to arrange and initiate the conference call. After establishing contact w/ pltff, defts' counsel shall telephone the Court. Pltff's amended complaint dated 8/9/07 will be addressed at the initial conference; defts' response to the amended complaint is stayed until further order of the Court. (Ordered by Judge Lois Bloom on 8/16/07) c/m (Galeano, Sonia)
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| Filing 11 ANSWER to Complaint by all defendants. (Warshawsky, Steven) |
| Filing 12 AMENDED COMPLAINT w/ Jury Trial Demand against Bureau of Prisons, Office of the United States Attorney, Gregory Henderson, filed by Olsen Leonard Key, Jr. (Galeano, Sonia) Fwd. to USDJ Feuerstein. |
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ENDORSED ORDER on doc. #10, granting #10 Motion for Extension of Time to Answer, but not for 60 days. BOP and deft Henderson shall respond to the complaint by 8/16/07. (Ordered by Judge Lois Bloom on 6/28/07) c/m (Galeano, Sonia)
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| Filing 10 First MOTION for Extension of Time to File Answer or otherwise plead to Plaintiff's complaint by all defendants. (Gray, Keisha-Ann) |
| Filing 9 SUMMONS Returned Executed by Olsen Leonard Key, Jr. Gregory Henderson served on 5/16/2007, answer due 7/16/2007. US Atty EDNY served on 5/7/07. (Galeano, Sonia) |
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Filing 8
ORDER, pltff's request is denied. The allegations in pltff's letters will not expand the the scope of the underlying complaint. Pltff knows that any action he seeks to complain about in Court must first be raised through the inmate grievance process. If pltff is having difficulties re: notary services, the law library, etc., he must raise these matters through the grievance process. Moreover, if pltff's defense counsel needs pltff's signature to be notarized on documents, Mr. Levitt is well equipped to have that matter addressed. Pltff should not write duplicative letters to the Court about these issues. Likewise, since pltff was in SHU when the underlying events occurred, it does not help his case to complain that he is now in SHU because of the underlying complaint. The summons on the B.O.P. has just been returned executed on 5/22/07. BOP's response to the complaint is not due until 7/9/07. However, since the record does not reflect a return of service on Officer Henderson, the Court directs the United States Atty's Office to provide the Court the address where service can be made on this deft by 6/8/07. (Ordered by Judge Lois Bloom on 5/24/07) c/m (Galeano, Sonia)
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| Filing 6 SUMMONS Returned Executed by Olsen Leonard Key, Jr. Bureau of Prisons served on 5/9/2007, answer due 7/9/2007. US Atty General served on 5/8/07. (Galeano, Sonia) |
| Filing 7 Letter dated 5/16/07 from Olsen Leonard Key, Jr. to USMJ Bloom, informing Your Honor that "since the filing of his complaint against the B.O.P. and an officer at MDC, he has suffered retaliatory actions by prisons officials. Petitioner further states that prisons officials refuse to notarize forms recv'd by his federal attorney, Richard W. Levitt. Petitioner request that the Court order prison officials to refrain from any and all further threats, harassment, including all retaliatory actions indicated in paragraph #1 of this letter." (Fwd. to USMJ Bloom) (Galeano, Sonia) |
| Filing 5 Letter dated 4/28/07 from Olsen Leonard Key, Jr. to USDJ Feuerstein, "requesting that the Court issue an order instructing prison officials to refrain from all further acts of retaliations, false incident reports, threats and harassments." (Fwd. to USDJ Feuerstein) (Galeano, Sonia) |
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Filing 4
ORDER, granting #2 Motion for Leave to Proceed in forma pauperis. The US Marshals Service is directed to serve the summons and complaint upon the defts w/o prepayment of fees. (Ordered by Judge Lois Bloom on 4/27/07) c/m (Galeano, Sonia)
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| Summons Issued as to Bureau of Prisons and Officer Gregory Henderson. (Courtesy Copy sent to Roslynn Mauskopf, US Atty EDNY and Alberto Gonzales, U.S. Attorney General) (Galeano, Sonia) |
| Filing 3 Notice of Related Case Assignment (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Olsen Leonard Key, Jr. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Bureau of Prisons, Gregory Henderson, filed by Olsen Leonard Key, Jr. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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