Anderson v. Spizziota et al
| Walter Lee Anderson |
| Jane Doe, John Doe, Nassau County Correction Officers and Mr. Spizziota |
| 2:2011cv05663 |
| November 16, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| William D. Wall |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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
1122
ORDER: SO ORDERED that Magistrate Judge Lockes Report is accepted in itsentirety, and, for the reasons set forth therein, (1) defts motion seeking summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure is granted to the extent ( a) that all claims against the individual defts, Nassau County Correctional Officers and Nassau County Sheriffs Dept are dismissed in their entirety with prejudice; (b) that the claims of James Erickson and Ralique Robinson are dismissed in their ent irety with prejudice for failure to exhaust administrative remedies and to comply with the Courts orders dated February 11, 2013 and April 22, 2014; (c) that the claims of Walter Lee Anderson, Raheem Edwards, Javon Steven Gamble, Rhamel Lawson, Terre ll Li, Lawrence Mason and Edwin Morejon are dismissed in their entirety with prejudice for failure to exhaust administrative remedies and to comply with the Courts order dated February 11, 2013; (d) that the claims of Ricardo Marsden, Christopher Bri ggs, Terry L. Cowan, Shawn Peterson, John Vallejos and Jason Whitaker are dismissed in their entirety with prejudice for failure to exhaust administrative remedies; and (e) that with the exception of his claims relating to the alleged failure to prov ide him with a renal diet, and as related to his grievances bearing the numbers 165-04-13, 052-05-13 and 038-06-13, the claims of Rickey Lynch are dismissed in their entirety with prejudice for failure to exhaust administrative remedies, and defenda nts motion is otherwise denied; and (2) Lynchs cross motion seeking to supplement his second amended complaint pursuant to Rule 15(d) of the Federal Rules of Civil Procedure is granted to the extent that Lynchs second amended complaint is deemed amen ded to include the allegations set forth in Grievance 136-07-13, and Lynchs cross motion is otherwise denied. Since Lynchs remaining claims relating to the failure to provide him with a renal diet do not involve questions of law or fact in common wit h Pulleys and Levy Robinsons claims, the Clerk of the Court shall sever Lynchs remaining claims against the County and re-open them under docket number 11-cv-6267 for the purpose of trial. A pretrial conference will be held before me in the reopened case on Monday, May 23, 2016 at 11:00 a.m., at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722, at which time, inter alia, the trial on Lynchs remaining claims against the County will be scheduled. Moreover, in light of the dissimilarities between Pulleys and Levy Robinsons claims, and the prejudice to the County resulting therefrom, the Clerk of the Court shall sever Pulleys and Levy Robinsons claims against the County and re-open them under docket num bers 12-cv-786 and 12-cv-1450, respectively, for the purpose of trial. Pretrial conferences will be held before me in both of the reopened cases on Tuesday, June 14, 2016 at 11:00 a.m., at the Central Islip Courthouse, located at 100 Federal Plaza, C entral Islip, New York 11722, at which time, inter alia, the trials on Pulleys and Levy Robinsons claims will be scheduled. The Clerk of the Court shall enter judgment in favor of defts and against the remaining consolidated plaintiffs in this action and close this case. 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 status is denied for the purpose of any appeal. Ordered by Judge Sandra J. Feuerstein on 3/31/2016. (Florio, Lisa)
|
|
Filing
1042
Order Dismissing Parties: SO ORDERED that the claims of the following forty-two (42) consolidated plaintiffs are dismissed in their entirety with prejudice pursuant to 42 U.S.C. § 1997e(a) and Rule 41(b) of the Federal Rules of Civil Procedure f or their failure to exhaust administrative remedies and to comply with a Court order, respectively: Genri Acosta, Oguntunki Adesola, Nelson Contreras, Benjamin Crawley, Ernest Curry, Dion Delgado, Michael Dietz, Bello Dionisio, Michael Dirkschneider, Cruz Eduardo, Arthur Ellis, Lameek Faucett, Jose Figueroa, Calvin Fonville, Carlo Gibbons, Michael Gibson, Alexander Gil, James Ippolito, Jovon Jarrell, John Jimenez, Jarrot Jones, Jacques Lebrun, Joseph Louis, Santos Manzanares, Anthony Miola, Jose Molina, Richard Murillo, Cecil Myers, Vincente Oliva, Erick Ortiz, Guillermo Posada, Scott Power, Hector Reyes, Barney Rivera, Carlos Romero, Rafael Rosario, Hugh G. Smith, Joseph Smith, Tyrone Stevens, Luis Umpierre, Andres Vines and Lloyd Williams . Pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, the Clerk of the Court is directed to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. CM to pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 8/21/2014. (Florio, Lisa)
|
|
Filing
1031
Order Dismissing Parties: SO ORDERED that Cephas's and Moore's claims in this consolidated action are dismissed in their entirety with prejudice pursuant to Rules 37(b)(2)(a)(v) and 41(b) of the Federal Rules of Civil Procedure. Pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, the Clerk of the Court is directed to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. CM to all pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 8/7/2014. (Florio, Lisa)
|
|
Filing
983
ORDER: SO ORDERED that on or before June 30, 2014, Linzy T. Moore and Samuel Cephas must each serve and file an affidavit providing the Court with a new address and telephone number at which he can be contacted. THE ABOVE-REFERENCED PLAINTIFFS ARE A DVISED THAT A FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THAT PLAINTIFF'S CLAIMS BEING DISMISSED IN THEIR ENTIRETY WITH PREJUDICE PURSUANT TO RULES 37(b)(2)(A)(v) AND 41(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE. The Clerk of the Court is directed to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. Ordered by Judge Sandra J. Feuerstein on 6/9/2014. (Florio, Lisa)
|
|
Filing
913
Order Dismissing Parties: SO ORDERED that Flores's claims in this consolidated action are dismissed in their entirety with prejudice. The Clerk of the Court is directed to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. Party Mauricio Flores terminated. Ordered by Judge Sandra J. Feuerstein on 3/20/2014. (Florio, Lisa)
|
|
Filing
906
ORDER granting 831 Motion to Compel; granting 833 Motion to Compel; denying 840 Motion to Compel. The County shall supplement discovery consistent with the attached order by 3/14/14. Ordered by Magistrate Judge William D. Wall on 2/26/2014. (Disbrow, Sandra)
|
|
Filing
850
ORDER: SO ORDERED that Dion Delgado, Bello Dionisio and Mauricio Flores must each serve and file an affidavit on or before December 2, 2013 providing the Court with a new address and telephone number at which he can be contacted. THE ABOVE-REFERENCE D PLAINTIFFS ARE ADVISED THAT A FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THAT PLAINTIFF'S CLAIMS BEING DISMISSED IN THEIR ENTIRETY WITH PREJUDICE PURSUANT TO RULES 37(b)(2)(A)(v) AND 41(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE. the Cle rk of the Court is directed to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. CM to all pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 10/30/2013. (Florio, Lisa)
|
|
Filing
759
Order Dismissing Parties: SO ORDERED that the claims of Duane Costa are dismissed in their entirety with prejudice. Pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, the Clerk of the Court is directed to serve notice of entry of thi s order upon all current parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure, including mailing a copy of this order to each plaintiff's address of record pursuant to Rule 5(b)(C) and leaving a copy of this order with the Clerk of the Court pursuant to Rule 5(b)(2)(D). Party Duane Costa terminated. CM to pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 7/10/2013. (Florio, Lisa)
|
|
Filing
680
ORDER: SO ORDERED that Duane Costa and Anthony Miola must each serve and file an affidavit or before June 17, 2013 providing the Court with a new address and telephone number at which he can be contacted. THE ABOVE-REFERENCED PLAINTIFFS ARE ADVISED T HAT A FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THAT PLAINTIFF'S CLAIMS BEING DISMISSED IN THEIR ENTIRETY WITH PREJUDICE PURSUANT TO RULES 37(b)(2)(A)(v) AND 41(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE. The Clerk of the Court is directe d to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure, including mailing a copy of this order to each plaintiff's address of record pursuant to Rule 5(b)(C) and leaving a copy of this order with the Clerk of the Court. CM to pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 5/29/2013. (Florio, Lisa)
|
|
Filing
559
ORDER It is hereby Order that Charles Raymond McClendon, Jarrot Jones, Andre Rhodes, Otoniel Castillo Recinos, Richard Jones, Edwin Morejon, James Erickson, Vidal Espinal and John Jiminez must each serve and file an affidavit on or before May 10, 20 13 providing the Court with a new address and telephone number at which he can be contacted. THE ABOVE-REFERENCED PLAINTIFFS ARE ADVISED THAT A FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THAT PLAINTIFF'S CLAIMS BEING DISMISSED IN THEIR ENT IRETY WITH PREJUDICE PURSUANT TO RULES37(b){2){A)(v) AND 4l(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE. Charles Raymond McClendon, Jarrot Jones, Andre Rhodes, Otoniel Castillo Recinos, Richard Jones, Edwin Morejon, James Erickson, Vidal Espinal and J ohn Jiminez must eachserve and file an affidavit on or before May 10, 2013 providing the Court with a new address andtelephone number at which he can be contacted.THE ABOVE-REFERENCED PLAINTIFFS ARE ADVISED THAT A FAILURE TOCOMPLY WITH THIS ORDER WIL L RESULT IN THAT PLAINTIFF'S CLAIMS BEINGDISMISSED IN THEIR ENTIRETY WITH PREJUDICE PURSUANT TO RULES37(b){2){A)(v) AND 4l(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE. Pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, the Clerk o f the Courtis directed to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure, including mailing a copy of this order to each plaintiffs address of reco rd pursuant to Rule 5(b)(C) and leaving a copy of this order with the Clerk of the Court pursuant to Rule 5(b)(C) and leaving a copy of this Order with the Clerk of the Court pursuant to Rule 5(b)(2)(D). So Ordered. Ordered by Judge Sandra J. Feuerstein on 4/24/2013. (Padilla, Kristin)
|
|
Filing
268
ORDER: SO ORDERED that Daniel Jiminez, Brandan Jones and Jose Molina must each serve and file an affidavit on or before March 25, 2013 providing the Court with a new address and telephone number at which he can be contacted. THE ABOVE-REFERENCED PLAI NTIFFS ARE ADVISED THAT A FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THAT PLAINTIFF'S CLAIMS BEING DISMISSED IN THEIR ENTIRETY WITH PREJUDICE PURSUANT TO RULES 37(b)(2)(A)(v) AND 41(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE. The Clerk of the Court is directed to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure, including mailing a copy of this order to each plaintiffs address of record pursuant to Rule 5(b)(C) and leaving a copy of this order with the Clerk of the Court. CM to pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 2/25/2013. (Florio, Lisa)
|
|
Filing
213
ORDER: SO ORDERED that Anthony R.J. Brown, Jose Pedroza, Dwayne Bussey, Sharod K. Vailes and Christful Fouse must each serve and file an affidavit on or before March 18, 2013 providing the Court with a new address and telephone number at which he can be contacted. THE ABOVE-REFERENCED PLAINTIFFS ARE ADVISED THAT A FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THAT PLAINTIFF'S CLAIMS BEING DISMISSED IN THEIR ENTIRETY WITH PREJUDICE PURSUANT TO RULES 37(b)(2)(A)(v) AND 41(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE. The Clerk of the Court is directed to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure, including mailing a copy of this order to each plaintiffs address of record pursuant to Rule S(b)(C) and leaving a copy of this order with the Clerk of the Court pursuant to Rule S(b )(2)(D). CM to pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 2/14/2013. (Florio, Lisa)
|
|
Filing
170
ORDER: SO ORDERED that William McClam, Charles Hawkins, Fred L. Ayler, Jamar Bellamy, Jaren Chambers, Alex Collado, Jarron M. Collins, Matthan Dauley, Darryl Ellerbe, Johnnie Floyd, Calvin Fonville, Desi Gause, Bastien Gerard, Clarence Jackson, Jose ph Mickens, James P. Tano, Steven Worsley, Sharrief Yelverton, Pedro Romero and Richard Edwards must each serve and file an affidavit on or before March 11, 2013 providing the Court with a new address and telephone number at which he can be contacted . THE ABOVE-REFERENCED PLAINTIFFS ARE ADVISED THAT A FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THAT PLAINTIFF'S CLAIMS BEING DISMISSED IN THEIR ENTIRETY WITH PREJUDICE PURSUANT TO RULES 37(b)(2)(A)(v) AND 41(b) OF THE FEDERAL RULES OF CIV IL PROCEDURE. The Clerk of the Court is directed to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure, including mailing a copy of this order to each plaintiffs address of record pursuant to Rule 5(b)(C) and leaving a copy of this order with the Clerk of the Court pursuant to Rule 5(b)(2)(D). CM to pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 2/6/2013. (Florio, Lisa)
|
|
Filing
95
ORDER: SO ORDERED that Flores's time to effect service upon "Armour" is extended until October 18, 2012.1 Should the USMS be unsuccessful in effecting service upon "Armour" by that date, Flores's complaint will be dismissed as against "Armour" without prejudice pursuant to Rule 4(m) unless Flores requests a further extension of time to effect service. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 7/18/2012. (Florio, Lisa)
|
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 Eastern 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.
