James v. Bartlett et al
Plaintiff: Armand James
Defendant: Superintendent Rickey Bartlett, Superintendent Dennis Breslin, Superintendent John Lempke, C.O. Mosko, Mrs. Jennifer Osborne, Sgt. R. Simonson and C.O. Wiliams
Case Number: 1:2011cv04182
Filed: August 25, 2011
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Nicholas G. Garaufis
Presiding Judge: Cheryl L. Pollak
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
April 8, 2016 Opinion or Order Filing 130 ORDER ADOPTING 129 REPORT AND RECOMMENDATIONS. Finding no clear error, the court ADOPTS IN FULL the R&R, and accordingly, GRANTS Dugan's motion for summary judgment. See Porter v. Potter, 219 F. App'x 112 (2d Cir. 2007) (summary order). The Clerk of Court is respectfully directed to enter judgment in favor of Defendant Dugan and close the case. So Ordered by Judge Nicholas G. Garaufis on 4/6/2016. (electronic notification to pro se; fwd'd for jgm) (Lee, Tiffeny)
March 17, 2014 Opinion or Order Filing 67 MEMORANDUM & ORDER: Since Sergeant Dougan has not yet been served, the United States Marshals Service is hereby directed to serve a Summons and the 1 Complaint, along with the court's 2/24/2014 Memorandum and Order 58 and Plaintiff 's 47 opposition to the motion to dismiss, on Sergeant Dougan. Pursuant to the court's 3/12/2014, Order 64 granting Defendant's Motion for Extension of Time to File Answer, Sergeant Dougan or the Office of the Attorney General on his behalf shall respond to the newly amended Complaint by answer or motion no later than 21 days after service on Sergeant Dougan. SO ORDERED by Judge Nicholas G. Garaufis, on 3/17/2014. (Electronic notice to pro se Plaintiff.) (Latka-Mucha, Wieslawa)
February 24, 2014 Opinion or Order Filing 58 MEMORANDUM & ORDER: Defendant's Motion to Dismiss is GRANTED. Plaintiff's Motion to Amend is GRANTED insofar as it seeks to add a claim for harassment against Sergeant Dougan and increase the punitive damage request and is DENI ED in all other respects. Plaintiff's Complaint shall be deemed amended to reflect the additional factual allegations set out in Plaintiff's opposition to Defendant's motion to dismiss, the harassment claim against Dougan, and the increased punitive damages request. Defendant is to file its answer to Plaintiff's newly amended Complaint, with regard to the pending claim against Dougan only, within twenty (20) days from the date of the entry of this Order. The court refers the parties to United States Magistrate Judge Cheryl L. Pollak to conduct immediate discovery on the remaining claim. So Ordered by Judge Nicholas G. Garaufis on 2/19/2014. (Lee, Tiffeny)
October 11, 2012 Opinion or Order Filing 26 ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS of Magistrate Judge Pollak. Plaintiff's claims against Sergeant R Simonson are SEVERED and TRANSFERRED to the Southern District of New York, and his claims against C.O. Mosko areSEVERED and TRANSF ERRED to the Western District of New York. Plaintiff's first motion to amend the Complaint is DENIED without prejudice to his ability to re-file in the appropriate district court once his claims have been transferred; if Plaintiff still wishes t o assert claims against C.O. Williams and Sergeant Calleri, he shall direct those claims to the Western Districtof New York. Because Plaintiff's second motion to amend does not specify which defendants he wants to add or from whom he wishes to s eek greater damages, that motion is DENIED without prejudice to Plaintiff's ability to file a more specific motion in the appropriate district court. The case in this District shall proceed solely against Mrs. Jennifer Osbourne. Ordered by Judge Nicholas G. Garaufis on 10/9/2012. (c/m to pro se) (Lee, Tiffeny)
December 15, 2011 Opinion or Order Filing 6 MEMORANDUM & ORDER: Plaintiff's 2 request to proceed in forma pauperis is granted. Plaintiff's claims against Defendants Bartlett, Lempke, and Breslin are dismissed. The Clerk of Court is directed to serve a copies of the Compla int and this Order on the remaining Defendants. Plaintiff's claims against Defendant Osbourne shall proceed and are referred to Magistrate Judge Pollack for pre-trial supervision. As to Defendants Mosko and Simonson, Magistrate Judge Pollack shall issue a report and recommendation, advising the Court whether venue is proper. Once a determination as to venue has been made, Plaintiff may direct a motion to amend his complaint to clarify his claims against Defendant Williams to the a ppropriate court. Defendants Mosko, Simonson, and Williams shall have until 21 days after resolution of this issue to answer or otherwise respond to the Complaint. SO ORDERED by Judge Nicholas G. Garaufis, on 12/14/2011. C/mailed. (John Lempke, Rickey Bartlett and Dennis Breslin terminated.) (Latka-Mucha, Wieslawa)
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Defendant: Superintendent Rickey Bartlett
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Defendant: Superintendent Dennis Breslin
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Defendant: Superintendent John Lempke
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Defendant: C.O. Mosko
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Defendant: Mrs. Jennifer Osborne
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Defendant: Sgt. R. Simonson
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Defendant: C.O. Wiliams
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Plaintiff: Armand James
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