Sloley v. State of New York et al
Maxmillian Sloley |
State of New York, Eric VanBramer and Brian VanBramer |
1:2014cv00339 |
March 27, 2014 |
US District Court for the Northern District of New York |
Albany Office |
Greene |
Christian F Hummel |
Gary L Sharpe |
Civil Rights: Other |
42 U.S.C. § 1983 Civil Rights Act |
None |
Docket Report
This docket was last retrieved on May 21, 2020. A more recent docket listing may be available from PACER.
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Filing 66 Letter Motion for Maxmillian Sloley seeking the status of this action and requesting the Court assist in facilitating settlement. (mgh) |
Filing 65 TEXT ONLY NOTICE TO ALL COUNSEL AND PARTIES: The court knows that the expeditious disposition of this matter is of the utmost importance to counsel and the parties. Therefore, the parties are encouraged to seriously consider providing their consent to proceed before the Magistrate Judge for trial purposes in this matter due to the congestion of this courts calendar. In the event the parties consent to proceed before the Magistrate Judge, the consent forms, which must be singed by all parties before submission to the District Judge for approval, can be found on the courts website at www.nynd.uscourts.gov under Forms/Civil/All Forms/AO-85-Notice Consent and Reference of Civil Action to Magistrate. A blank consent form is also attached to this notice. (jel, ) (Mailed copy to plaintiff) |
TEXT ONLY NOTICE - The case has been moved to the trial ready list. A trial order will be issued in due course setting a deadline for filing of pretrial submissions, a final pretrial conference and a trial date. If the parties are seeking any further proceedings regarding settlement, the matter is referred to the underlying Magistrate Judge. (jel, ) |
Filing 64 MANDATE of USCA issued on 1/30/2020 as to #52 Notice of Appeal. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court'sdismissal of Appellant Maxmillian Sloleys ("Sloley") claims against Bryan VanBramer are AFFIRMED, the dismissal of Sloley's visual body cavity search claim against Eric VanBramer is VACATED, and the case REMANDED for trial on the merits of Sloleys claim and the issue of Eric VanBramer's qualified immunity.(mgh) |
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Filing 62 Third Supplemental Electronic Certification transmitted to US Court of Appeals re #52 Notice of Appeal (Copy served upon Plaintiff.) (jel, ) Modified on 5/18/2017 (jel, ). |
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Filing 59 NOTICE of Change of Address by Maxmillian Sloley Effective Date 3/10/2017 Old Address: Downstate Correctional Facility New Address: Clinton Correctional Facility, P.O. Box 2002, Dannemora, NY 12929. (mgh) |
Clerk mailed Plaintiff Sloley a copy of the docket sheet pursuant to the request @ Dkt #58 . (mgh) |
Filing 58 NOTICE of Change of Address by Maxmillian Sloley Effective Date 2/7/2017 Old Address: Greene County Jail New Address: Downstate Correctional Facility, Box F, Red Schoolhouse Rd. Fishkill, NY 12524 (mgh) |
Filing 57 Second Supplemental Electronic Certification transmitted to US Court of Appeals, re: #52 Notice of Appeal notifying the Circuit of the #56 Text Order. {Copy mailed to Maxmillian Sloley on 1/4/2017 by regular mail}(see) |
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Filing 55 Supplemental Electronic Certification transmitted to US Court of Appeals re #52 Notice of Appeal. {Copy mailed to pltf on 12/30/2016 by regular mail} (see) |
Filing 54 Letter dated 12/23/2016 from Maxmillian Sloley, to the Clerk asking when his due date to have his official motion of appeal submitted. (see) |
Filing 53 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #52 Notice of Appeal. {Clerk mailed copies of the #52 Notice of Appeal, this electronic notice and certification, and civil appeals packet to pltf on 12/20/2016 by regular mail} (Attachments: #1 Civil Appeals Packet)(see) |
Plaintiff's address updated to Greene County Jail, pursuant to document no. #52 . (see) |
Filing 52 NOTICE OF APPEAL as to #49 Order on Motion for Summary Judgment and #50 Judgment, REQUEST FOR EXTENSION FOR APPEAL, AND CHANGE OF MAILING ADDRESS by Maxmillian Sloley. (see) |
Filing 51 UNEXECUTED RETURN RECEIPT as to served on Maxmillian Sloley re #49 Order on Motion for Summary Judgment, #50 Judgment. (mgh) |
Filing 50 JUDGMENT in favor of Brian VanBramer, Eric VanBramer against Maxmillian Sloley. (jel, ) |
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Mailed copy of the #49 Memorandum-Decision and Order and the #50 Judgment to the plaintiff by certified mail. (jel, ) |
Filing 48 NOTICE of Change of Address by Maxmillian Sloley Effective Date 6/3/2016 Old Address: 2508 US Route 9N, Apt. 9L, Ravena, NY 12143 New Address: 18 Knollwood Ave., Elmsford, NY 10523 (mgh) |
Filing 47 REPLY to Response to Motion re #41 MOTION for Summary Judgment filed by Eric VanBramer, Brian VanBramer. (Attachments: #1 Exhibit(s) 1, #2 Declaration of Service, #3 unreported cases)(Mitchell, Mark) |
Filing 46 RESPONSE in Opposition re #41 MOTION for Summary Judgment filed by Maxmillian Sloley. (mgh) |
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Filing 44 Letter Motion for Maxmillian Sloley requesting an extension of time to file a response to #41 Defendants' Motion for Summary Judgment. (Clerk Notes Plaintiff's Address change the docket has been modified to reflect his current address) (mgh) |
Filing 43 NOTIFICATION OF THE CONSEQUENCES OF FAILING TO RESPOND TO A SUMMARY JUDGMENT MOTION (jel, ) |
Filing 42 NOTICE that plaintiff's response to the defendants' #41 MOTION for Summary Judgment shall be filed on or before October 19, 2015. (jel, ) |
Mailed a copy of the #42 and #43 Notices to the plaintiff. (jel, ) |
Filing 41 MOTION for Summary Judgment Motion Hearing set for 11/5/2015 09:30 AM in Albany before Judge Gary L. Sharpe Response to Motion due by 10/19/2015 Reply to Response to Motion due by 10/26/2015. filed by Eric VanBramer, Brian VanBramer. (Attachments: #1 Declaration of Mark G. Mitchell, #2 Exhibit(s) A. Deposition transcription, #3 Exhibit(s) B. Greene County 911, #4 Affidavit of Bryan VanBramer, #5 Affidavit of Eric VanBramer, #6 Statement of Material Facts, #7 Memorandum of Law, #8 Notice to pro se litigant, #9 unreported decisions, #10 Declaration of Service) (Mitchell, Mark) |
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Text Minute Entry (FTR recorded 10:00 am - 10:20 am) for proceedings held before Magistrate Judge Christian F. Hummel: Discovery conference held on 5/12/2015. Appearances: Mark Mitchell, AAG, Maxmillian Sloley, Pro Se (appears by phone). This matter comes before the Court based upon plaintiff's failure to appear at a deposition. Plaintiff was instructed to appear in person for today's conference. The Court schedules a deposition for May 18, 2015 at 10:00 am at the 4th floor of the Justice Building, at Mr. Mitchell's office. If plaintiff doesn't appear at the deposition the Court will grant defendant's leave to file a motion to dismiss plaintiff's lawsuit. The Discovery deadline is extended until 7/17/15. The deadline to file dispositive motions is extended until 9/18/15. {copy served on plaintiff Pro Se by regular mail} (Court Reporter Theresa Casal) (cjm, ) |
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Filing 37 Letter Motion from Mark G. Mitchell for Eric VanBramer, Brian VanBramer requesting Court conference submitted to Judge Hummel with declaration of service. (Mitchell, Mark) |
Filing 38 Letter from Maxmillian Sloley informing the Court of a discovery issue involving rescheduling a deposition. (mgh) |
Text Minute Entry (FTR recorded 11:00 am - 11:30 am) for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on the record 4/13/2015. Appearances: Maxmillian Sloley, Pro Se, Mark Mitchell, AAG. Plaintiff provides updated Albany address to the Court. Plaintiff is directed to repsond to Defendant's outstanding discovery demands by 4/27/15. Judge Hummel inquires about possibility of settlement. Mark Mitchell, AAG indicates they have no interest in settling at this time. {copy served on plaintiff pro se by regular mail} (cjm, ) |
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Filing 34 ***STRICKEN FROM THE DOCKET PER DKT NO. #36 ORDER TO STRIKE ***INTERROGATORIES and REQUESTS for DOCUMENTS by Maxmillian Sloley.(mgh) Modified on 4/7/2015 (mgh). |
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Filing 32 STATUS REPORT with declaration of service by Eric VanBramer, Brian VanBramer. (Mitchell, Mark) |
Filing 31 NOTICE of Appearance by Mark G. Mitchell on behalf of All Defendants (Attachments: #1 Certificate of Service)(Mitchell, Mark) |
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Text Minute Entry (FTR recorded for proceedings held before Magistrate Judge Christian F. Hummel: Initial Rule 16 Pretrial Conference held on the record 1/29/2015. Appearances: Maxmillian Sloley, Pro Se, Stephen Kerwin, AAG.Deadlines set for the progression of the case. Judge Hummel discusses process of settlement. Judge Hummel confirms with plaintiff that the address appearing on the docket is correct. (Court Reporter Lisa Tennyson) (cjm, ) |
Filing 29 NOTICE by Eric VanBramer, Brian VanBramer of Service on the plaintiff of defendants' initial disclosures (Kerwin, Stephen) |
Filing 28 CIVIL CASE MANAGEMENT PLAN joint submission by Eric VanBramer, Brian VanBramer. (Kerwin, Stephen) |
Filing 27 ANSWER to #1 Complaint by Eric VanBramer, Brian VanBramer. (Attachments: #1 Declaration of Service of Answer)(Kerwin, Stephen) |
Filing 26 BILL OF COSTS by USMS. Fees for Service of Process total $16.00. (lah) |
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Filing 24 Letter Motion from Stephen M. Kerwin for Eric VanBramer requesting an extension of Eric Van Bramer's time to respond to the Complaint to December 24, 2014 and a postponement of the initial conference from January 2, 2015 to a date convenient to the Court later in January . (Kerwin, Stephen) |
Filing 23 ACKNOWLEDGMENT OF SERVICE Executed as to Eric VanBramer served on 11/18/2014, answer due 12/9/2014. (mgh) |
Filing 22 Letter Motion from Stephen M. Kerwin for Brian VanBramer requesting an extension of the time for defendant Brian VanBramer to respond to the Complaint to December 24, 2014, and postponement of the intial conference now scheduled for January 2, 2015. . (Kerwin, Stephen) |
Filing 21 ACKNOWLEDGMENT OF SERVICE Executed as to Brian VanBramer served on 11/4/2014, answer due 11/25/2014. (alh, ) |
Filing 20 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/2/2015 10:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/26/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
Filing 19 Summons Issued as to Eric VanBramer, Brian VanBramer. (Attachments: #1 Summons Issued as to Brian Van Bramer)(mgh) |
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Filing 16 NOTICE of Change of Address by Maxmillian Sloley; effective date 7/28/2014. Old Address: Greene County Jail New Address: 18 Knollwood Avenue, Elmsford, NY 10523. (lah) |
Set Deadlines/Hearings: Case Review Deadline 8/11/2014. (jel, ) |
Set/Reset Deadlines as to #15 Report and Recommendations - Objections to R&R due by 8/7/2014. (jel, ) |
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Filing 14 MOTION for Leave to Proceed in forma pauperis filed by Maxmillian Sloley. Motions referred to Christian F. Hummel. (mgh) |
Filing 13 Mail Returned as Undeliverable. re: #7 Order Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement sent to Maxmillian Sloley Address sent to 18 Knollwood Ave., Elmsford., NY 10523. (mgh) |
TEXT NOTICE : Pro se Plaintiff Sloley advised the Clerk's Office by telephone on 2/3/2014 of a change in his address. Plaintiff advised that his updated mailing address is as follows: 18 Knollwood Ave. Elmsford, NY 10523 The clerk directed the plaintiff to promptly notify the court and opposing counsel of the change in address IN WRITING, in accordance with L.R. 10.1(c)(2). {Text notice served upon pro se plaintiff via regular mail- Clerk also reserved Administrative Order and Blank IFP Form to new address) (mgh) |
Filing 12 Letter from Maxmillian Sloley regarding the inmate authorization and current address information. (mgh) |
Filing 11 NOTICE of Change of Address by Maxmillian Sloley Effective Date 4/25/2014 Old Address: MDC Brooklyn New Address: 80 Bridge St., Catskill, New York 12414. (mgh) |
Filing 10 Mail Returned as Undeliverable. re: Blank IFP Form #7 and Order Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement sent to Maxmillian Sloley Address sent to MDC Brooklyn, Metropolitan Detention Center, P.O. Box 329002, Brooklyn, NY 11232. (mgh) |
Filing 9 Mail Returned as Undeliverable. re: #7 Order Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement sent to Maxmillian Sloley Address sent to MDC Brooklyn, Metropolitan Detention Center, P.O. Box 329002, Brooklyn, NY 11232. (mgh) |
Filing 8 Mail Returned as Undeliverable. re: #7 Order Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement sent to Maximillian Sloley Address sent to Metropolitan Detention Center, P.O. Box 329002, Brooklyn, NY 11232. (mgh) |
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Mailed copy of the #7 order to the plaintiff by regular mail. (jel, ) |
Filing 6 INMATE AUTHORIZATION FORM by Maxmillian Sloley. (mgh) |
Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Maxmillian Sloley. Motions referred to Christian F. Hummel. (mgh) |
Filing 4 RETURN RECEIPT received as to served on Maxmillian Sloeley re #3 Order Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. (mgh) |
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Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Maxmillian Sloley. Motions referred to Christian F. Hummel. (mgh) |
Filing 1 COMPLAINT against State of New York, Eric VanBramer, Brian VanBramer filed by Maxmillian Sloley.(mgh) (Additional attachment #1 Mailing Envelope) (mgh) |
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