Bristol et al v. Probation Department of Nassau County et al
| Marcel C. Bristol |
| Lauren Doddato, Anne M. Huggard, Harvey John, Nassau County's District Attorney's Office, Probation Department of Nassau County, Kathleen Rice, Ronald S. Schepis and Sthen Thibault |
| 2:2014cv06647 |
| November 10, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F. Bianco |
| A. Kathleen Tomlinson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
112
ORDER: For the reasons set forth (Please See Order For Further Details), Defendants' motions to dismiss in both actions are hereby GRANTED, and both of Plaintiff's actions are dismissed for failure to prosecute. The Clerk of Court is respec tfully directed to enter judgment accordingly and close both cases. The Clerk of Court shall mail a copy of this Order to the pro se Plaintiff at his last known address. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). So Ordered by Judge Joan M. Azrack on 3/26/2021. (Ortiz, Grisel)
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Filing
89
ORDER ADOPTING REPORT AND RECOMMENDATIONS : motion to dismiss filed by defendants Nassau County and Edwards Schenk (ECF. No 80) is granted in part and denied in part. Specifically, the motion is granted as to alleged violations of plaintiffs double j eopardy rights, procedural due process rights related to the 2008 seizure of his property, procedural due process rights related to his return to and re-incarceration at NCCC, his false imprisonment claim, and any claims against any individual defend ants with the exception of Edward Schenk. Further, plaintiff is not entitled to re-plead any of these claims, and, thus, these claims are dismissed with prejudice. The motion is denied as to plaintiffs Eighth Amendment conditions of confinement claim and due process claim relating to the 2013 retention of plaintiffs funds, which may proceed. IT IS FURTHER ORDERED that defendants serve a copy of this Order on plaintiff.Ordered by Judge Joseph F. Bianco on 3/12/2019. (Bollbach, Jean)cm by chambers
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Filing
71
ORDER ADOPTING REPORT AND RECOMMENDATIONS : IT IS HEREBY ORDERED that the Court adopts the well reasoned R&R in its entirety. Plaintiffs motion for partial summary judgment is therefore denied without prejudice to renewal once discovery is complete. The Court grants plaintiff leave to submit an Amended Complaint, which must be filed within thirty (30) days from the date of thisOrder. 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 purposeof any appeal.. Ordered by Judge Joseph F. Bianco on 9/25/2017. (Bollbach, Jean)cm by chambers
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Filing
37
ORDER granting in part and denying in part 27 Motion for Judgment on the Pleadings; granting 29 Motion to Withdraw. For the reasons set forth herein, defendants' motion for judgment on the pleadings is granted in part, and denied in part. Defendants' motion is granted as to plaintiff's claims alleging a violation of his double jeopardy right, due process right regarding his remand to NCCC, and due process right regarding the alleged seizure of his personal property and mon ey in 2009. However, defendants' motion is denied as to plaintiff's due process claim regarding the alleged refusal to return his funds in 2013, and his conditions of confinement claim. All claims against former District Attorney Rice, Det ective John, Detective Schepis, ADA Huggard, and ADA Doddato are dismissed. Additionally, plaintiff's motion voluntarily withdrawing his claims against the Nassau County Department of Probation and Nassau County District Attorney's Office, and requesting that the caption be amended to substitute Edward Schenk for defendant Sthen Thibault is granted. The Clerk of the Court shall amend the caption accordingly. Ordered by Judge Joseph F. Bianco on 3/8/2016. (Dolecki, Lauren)
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