Miller et al v. Smith et al
Mary Miller and Daniel Miller |
County Of Nassau, Courtney Leonard, John Doe, Tina M. Stanford, Roger Traynor, Andre Smith, A. Russo, NYSDOCCS, Anthony Annucci, Ms. Morales and Tanya Hubbard |
2:2021cv02949 |
May 25, 2021 |
US District Court for the Eastern District of New York |
Joanna Seybert |
A Kathleen Tomlinson |
Prisoner: Civil Rights |
28 U.S.C. § 1983 Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on November 18, 2021. A more recent docket listing may be available from PACER.
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Filing 35 REPLY in Support filed by Daniel Miller, Mary Miller. (Bandel, Steven) |
Filing 34 SUMMONS Returned Executed by Mary Miller, Daniel Miller. All Defendants. (Attachments: #1 Affidavit of Service Court Ordered Documents) (Bandel, Steven) |
Filing 33 ANSWER to #1 Complaint, by County Of Nassau. (Ben-Sorek, Liora) |
Filing 32 SUMMONS Returned Executed by Mary Miller, Daniel Miller. All Defendants. (Attachments: #1 Affidavit of Service Andre Smith, #2 Affidavit of Service Roger Traynor, #3 Affidavit of Service Courtney Leonard, #4 Affidavit of Service County of Nassau, #5 Affidavit of Service Nancy Nunziata, #6 Affidavit of Service Anthony Annucci, #7 Affidavit of Service Superintendent, Green Haven CF, #8 Affidavit of Service NYS Attorney General) (Bandel, Steven) |
Filing 31 AFFIDAVIT/DECLARATION in Opposition re #19 MOTION for Reconsideration re #3 Unsigned Order to Show Cause, TRO and Preliminary Injunction Declaration of Andre Smith filed by Tina M. Stanford. (Attachments: #1 Declaration of Tonya Hubbard, #2 Declaration of Erik Singletary, #3 Declaration of Annette Morales, #4 Declaration of Tina M. Stanford) (Lynch, Helena) |
Filing 30 RESPONSE in Opposition re #19 MOTION for Reconsideration re #3 Unsigned Order to Show Cause, TRO and Preliminary Injunction , AFFIDAVIT/DECLARATION in Opposition re #19 MOTION for Reconsideration re #3 Unsigned Order to Show Cause, TRO and Preliminary Injunction filed by Tina M. Stanford. (Attachments: #1 Exhibit 1 (Ident. and Location Information), #2 Exhibit 2 (Parolee Chrono Report), #3 Exhibit 3 (sentencing transcript), #4 Exhibit 4 (email chain), #5 Exhibit 5 (offender registry)) (Lynch, Helena) |
Filing 29 RESPONSE in Opposition re #19 MOTION for Reconsideration re #3 Unsigned Order to Show Cause, TRO and Preliminary Injunction filed by Tina M. Stanford. (Lynch, Helena) |
Filing 28 RESPONSE to Motion re #19 MOTION for Reconsideration re #3 Unsigned Order to Show Cause, TRO and Preliminary Injunction County's Response to OTSC for Preliminary Injunction filed by County Of Nassau. (Attachments: #1 Declaration) (Ben-Sorek, Liora) |
Filing 27 NOTICE of Appearance by Helena Ann Lynch on behalf of Tina M. Stanford (aty to be noticed) (Lynch, Helena) |
ORDER re #26 Defendants' Notification Letter: Having considered the Defendants' July 21, 2021 Letter (see ECF No. #26 ) inquiring whether the Court wishes to sua sponte adjourn the Defendants' July 23, 2021 response date (as imposed by the Court's June 22, 2021 Order to Show Cause (see ECF No. #16 )), to allow Plaintiffs additional time to serve Defendants, especially as to those named in Plaintiffs' Preliminary Injunction Application (see ECF No. #3 )(i.e., Defendants Tina M. Stanford, Andre Smith, Tonya Hubbard, and Annette Morales), the Court declines to take such action. The Defendants are free to respond as they deem appropriate given the procedural posture of this case.Ordered by Judge Joanna Seybert on 7/22/2021. c/ECF (Killigrew, Patricia) |
Filing 26 Letter notifying court that several defendants have not been served by Anthony Annucci (Attachments: #1 Exhibit 1 (email chain regarding service on certain defendants)) (Lynch, Helena) |
Filing 25 Letter from the Pro Se Office to Plaintiff Miller returning the document as our records indicate that he is represented by an attorney. As such, he may not file papers or communicate directly with the Court. CM 7/16/21-CC Attorney of Record Bandel. (Grady, Jessica) |
ORDER denying #24 Motion for Extension of Time to File: Having considered the State's request for an extension of time to respond to the Court's June 22, 2021 Order to Show Cause regarding Plaintiffs' Motion for Preliminary Injunction, and the Plaintiffs' non-consent thereto, the requested extension is denied. Ordered by Judge Joanna Seybert on 7/13/2021. c/ECF (Killigrew, Patricia) |
Filing 24 First MOTION for Extension of Time to File respond to Plaintiff's Order to Show Cause for a Preliminary Injunction by Anthony Annucci. (Logue, Toni) |
Filing 23 Letter from Pro Se Office to Pro Se Litigant dated 7/9/2021 Re: Enclosed letter is being returned without docketing or consideration for the following reason(s) set forth herein. (Valle, Christine) |
Filing 22 Letter from Pro Se Office to Pro Se Litigant dated 7/8/2021 Re: Enclosed document is being returned without docketing or consideration for the following reason(s) set forth herein. (Valle, Christine) |
Filing 21 Summons Issued as to Anthony Annucci, County Of Nassau, Tanya Hubbard, Courtney Leonard, Morales, A. Russo, Andre Smith, Tina M. Stanford, Roger Traynor. (Valle, Christine) |
Filing 20 Letter from Daniel Miller to Judge Seybert and Justice Greenwald dated 6/24/2021. (Valle, Christine) |
Filing 19 MOTION for Reconsideration re #3 Unsigned Order to Show Cause, TRO and Preliminary Injunction by Daniel Miller. (Valle, Christine) (Main Document 19 replaced on 7/7/2021) (Valle, Christine). |
Filing 18 Proposed Summons.Civil Cover Sheet.. by Daniel Miller, Mary Miller (Attachments: #1 Civil Cover Sheet) (Bandel, Steven) |
Filing 17 NOTICE of Appearance by Steven Bandel on behalf of All Plaintiffs (aty to be noticed) (Bandel, Steven) |
Filing 16 OMNIBUS ORDER including ORDER TO SHOW CAUSE; Show Cause Response due by 7/23/2021. So Ordered by Judge Joanna Seybert on 6/22/2021. (Valle, Christine) |
Case Consolidated. (Valle, Christine) |
Filing 15 Notice of Related Cases: 20-cv-2271-JS-AKT and 21-cv-3398-JS-AKT The Case was directly assigned as a related Pro Se/Habeas Case. (Cox, Dwayne) |
Filing 14 PARTIAL FILING FEE: $ 227.00, Receipt Number: NYEC031234. (Valle, Christine) |
Filing 13 Letter from Daniel Miller to Judge Seybert dated 6/9/2021 Re: Plaintiff writes to clarify two points regarding the filing fee and claims raised in this action. (Valle, Christine) |
Filing 12 PARTIAL FILING FEE: $ 175.00; Receipt Number: NYEC031192. (Valle, Christine) |
Filing 11 SUPPLEMENTAL AFFIDAVIT filed by Daniel Miller. (Valle, Christine) |
Filing 9 Letter from Pro Se Office to Plaintiffs Daniel Miller and Mary Miller acknowledging receipt of the civil action. The docket number and Judge(s) assigned were provided in the letter. All appropriate case opening paperwork was mailed to plaintiffs. CM 6/3/21 (Grady, Jessica) |
Filing 10 ORDER denying #2 Motion for Leave to Proceed in forma pauperis; For the reasons set forth above, IT IS HEREBY ORDERED: The Clerk of the Court shall process Daniel's partial payment of $175.00; Daniel shall remit $227.00, the balance due towards the $402.00 filing fee, within thirty (30) days from the date of this Order. Mary's application to proceed IFP is DENIED. Mary is ORDERED to pay the $402.00 filing fee within thirty (30) days from the date of this Order, at which time the Court will sever her claims from those brought by Daniel and shall address them as a separate civil action. Pursuant to 28 U.S.C. 1915(a)(3), the Court certifies that any appeal from this Order would not be taken in good faith; therefore, in forma pauperis status is denied for the purpose of any appeal. So Ordered by Judge Joanna Seybert on 6/2/2021. C/M (Valle, Christine) |
Filing 8 SUPPLEMENTAL AFFIDAVIT Re #3 Unsigned Order to Show Cause for a preliminary injunction, filed by Daniel Miller. (Valle, Christine) |
Filing 7 Notice of Related Cases: 12-cv-2511-JS, 20-cv-1545-JS and 20-cv-2271-JS-AKT The Civil Cover Sheet filed in this civil action indicates a related case. (Cox, Dwayne) |
Filing 6 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne) |
Filing 5 SUPPLEMENTAL AFFIDAVIT of Anthony E. Russo re #3 Proposed Order to Show Cause for a preliminary injunction and temporary restraining order by Daniel Miller, Mary Miller (Cox, Dwayne) (Main Document 5 replaced on 5/26/2021) (Cox, Dwayne). |
Filing 4 SUPPLEMENTAL AFFIDAVIT of Daniel Miller re #3 Proposed Order to Show Cause for a preliminary injunction and temporary restraining order by Daniel Miller, Mary Miller (Cox, Dwayne) (Main Document 4 replaced on 5/26/2021) (Cox, Dwayne). |
Filing 3 Proposed Order to Show Cause for a preliminary injunction and temporary restraining order by Daniel Miller, Mary Miller (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit) (Cox, Dwayne) Modified on 5/25/2021 (Cox, Dwayne). (Main Document 3 replaced on 5/26/2021) (Cox, Dwayne). |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Mary Miller. (Cox, Dwayne) (Main Document 2 replaced on 5/26/2021) (Cox, Dwayne). |
Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Mary Miller, Daniel Miller. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Cover Letter, #4 Civil Cover Sheet) (Cox, Dwayne) (Main Document 1 replaced on 5/26/2021) (Cox, Dwayne). (Attachment 3 replaced on 5/26/2021) (Cox, Dwayne). (Attachment 4 replaced on 5/26/2021) (Cox, Dwayne). |
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