Newman v. Annucci et al
| John H. Newman |
| Anthony Annucci and Thomas Herzog |
| 3:2017cv00918 |
| August 21, 2017 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Broome |
| Lawrence E. Kahn |
| David E. Peebles |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
139
MEMORANDUM-DECISION AND ORDER. It is hereby ORDERED, that this action be DISMISSED without prejudice; and it is further ORDERED, that Defendants' Motion for Summary Judgment, Dkt. No. 123 , be DENIED as moot; and it is further ORDERED, that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by Senior Judge Lawrence E. Kahn on 9/12/2022. (dpk)
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Filing
87
MEMORANDUM-DECISION AND ORDERED, that Defendants Motion to Dismiss (Dkt. No. 78) is DENIED. Signed by Senior Judge Lawrence E. Kahn on July 27, 2020.***A copy of this Order was served upon pro se party via US Mail. (sas) Modified on 7/27/2020 to add service note (sas).
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Filing
64
DECISION AND ORDER adopting in part and rejecting in part, Report and Recommendations re 53 Report and Recommendations. ORDERED, that Plaintiffs claims seeking damages against Annucci and Herzog, including his claims under New York law, are DISM ISSED without leave to amend for the reasons stated herein and in the Report-Recommendation; and it is further ORDERED, that Plaintiffs constitutional claims challenging his conditions of post-release supervision SURVIVE sua sponte review and requi re a response; and it is further ORDERED, that this action is CONSOLIDATED with Newman v. Stanford, Case No. 19- CV-118. All future filings shall be made in this case, No. 17-CV-918, which shall be designated as the Lead Case; and it is further ORD ERED, that John S. Wallenstein Esq., 1100 Franklin Ave. # 100, Garden City, New York 11530, is appointed under 18 U.S.C. § 3006A(a)(2)(B) to represent Plaintiff/Petitioner in these consolidated cases. The Clerk is directed to prepare the appr opriate CJA 20 form (Appointment of and Authority to Pay Court Appointed Counsel) to accomplish the foregoing; and it is further ORDERED, that Plaintiff shall, as soon as practicable but no later than thirty days from the date of this Decision and Order, file a letter confirming his current address. Signed by Senior Judge Lawrence E. Kahn on 7/12/2019. (Copy served via regular mail)(tab)
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Filing
45
MEMORANDUM-DECISION AND ORDERED, that the Defendants Motion (Dkt. No. 24) is GRANTED; and it is further ORDERED, that the Amended Complaint (Dkt. No. 17) is DISMISSED without prejudice; and it is further ORDERED, that if Plaintiff wishes to proceed w ith this action, he must file a second amended complaint as directed above within thirty days from the filing date of this Memorandum-Decision and Order; and it is further ORDERED, that if Plaintiff fails to timely file a second amended complaint as directed above, the Clerk shall enter judgment indicating that this action is dismissed without prejudice for failure to state a claim upon which relief may be granted. Signed by Senior Judge Lawrence E. Kahn on September 21, 2018. (Copy served via regular and certified mail)(sas)
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Filing
11
ORDER adopting Report and Recommendations re 8 Report and Recommendation: It is hereby ORDERED, that the Report-Recommendation (Dkt. No. 8) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs motion for leave to pro ceed in forma pauperis (Dkt. No. 2) is GRANTED; and it is further ORDERED, that the Clerk provide the Superintendent of Elmira Correctional Facility, designated by Plaintiff as his current location, with a copy of Plaintiffs authorization form (Dk t. No. 3), and notify the official that this action has been filed and that Plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. § 1915; and it is further ORDERED, that the Clerk provide a copy o f Plaintiffs authorization form (Dkt. No. 3) to the Financial Deputy of the Clerks Office; and it is further ORDERED, that Plaintiffs claims for money damages against Defendants in their official capacities are DISMISSED with prejudice, and all o ther claims survive the Courts sua sponte review and require a response; and it is further ORDERED, that upon receipt from Plaintiff of the documents required for service of process, the Clerk shall issue a summonses and forward them, along with co pies of the Complaint, to the United States Marshal for service upon Defendants. The Clerk shall forward a copy of the summonses and Complaint to the Office of the Attorney General, together with acopy of this Order and packets containing General Ord er 25, which sets forth this Districts Civil Case Management Plan and the scheduling of a Rule 16 Conference that will be conducted by telephone before Magistrate Judge David E. Peebles. Defendants counsel, once he or she formally appears in the acti on, is directed to initiate the call to Chambers; and it is furtherORDERED, that the Clerk of the Court serve a copy of this Order on Plaintiff inaccordance with the Local Rules.Signed by Senior Judge Lawrence E. Kahn on 11/21/2017. (Copy served via regular mail)(ban)
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