Golden v. Gagne et al
| Roderick Golden |
| John Gagne, Timothy Furlong, Det. William Root, William Fitzpatrick and Hon. Lawrence Marks |
| 5:2021cv00085 |
| January 25, 2021 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| David N Hurd |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| Defendant |
Docket Report
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Filing 51
TEXT ORDER: The Court made the following directives during the 12/7/2022 Telephone Conference: Court directs the parties to confer and reschedule plaintiff's deposition as well as all other remaining depositions. Defendant is directed to file a status report by 1/17/2023 with the dates of depositions and names of parties to be deposed on those dates. If plaintiff intends to depose non-parties, he should submit any subpoenas to the Court for review and approval so that depositions may be completed before the end of discovery. Deadlines are reset as follows: All discovery including depositions to be completed by 3/17/2023. Discovery Motions due 3/31/2023. Dispositive Motions to be filed by 5/5/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/8/2022. (copy of this text order and the text minute entry dated 12/7/2022 served on pro se party via regular mail.(sg)
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 12/7/2022. Appearances: Roderick Golden, plaintiff pro se; Melissa Latino, Esq. for Defendants. Court discusses rescheduling of plaintiff's deposition, as well as scheduling other depositions. Plaintiff intends to submit subpoenas for the Court's review and approval as to two parties he wishes to depose. Court makes directives and sets deadlines, a separate text order will follow. (sg)
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Filing 50
STATUS REPORT Re. Compliance with Discover, Deposition, by John Gagne(Field Investigator). (Latino, Melissa)
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**PLEASE READ** The 11/9/2022 Telephone Status Conference has been RESCHEDULED for 12/7/2022 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Parties are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 4523.(A copy of this text notice has been served on pro se party via regular mail.)(sg)
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Filing 49
ORDER ON LETTER REQUEST granting in part and denying in part #48 Letter Request, #48 Letter Motion from Onondaga County Law Department for William Root, William Root, William Root, William Root requesting a conference submitted to Judge Hurd and Dancks . ORDERED that Roots motion for a conference and clarification (Dkt. No. 48) is GRANTED in part and DENIED in part; The Clerk of the Court is directed to TERMINATE Root as a defendant; The cross-claims asserted by and against Root are DISMISSED AS MOOT; and The only claim remaining for discovery is the Fourth Amendment malicious prosecution claim against defendant Gagne. IT IS SO ORDERED. Signed by Judge David N. Hurd on 10/4/2022. (Copy served via regular mail)(khr)
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Filing 48
Letter Motion from Onondaga County Law Department for William Root, William Root, William Root, William Root requesting a conference submitted to Judge Hurd and Dancks . (Felice, Katherine)
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Filing 47
TEXT ORDER: The Court made the following directives during the 8/29/2022 Telephone Discovery Conference held to address Dkt. #46 : Plaintiff's deposition is COURT ORDERED to be held on 10/14/2022. Attorney Felice is directed to send written notice of the deposition to the plaintiff, which should include the date, time, and location of the deposition. The written notice should be sent as soon as possible so that plaintiff may provide the information to his employer. All deadlines remain as previously established. Another telephone conference will be scheduled by separate text notice. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/29/2022. (A copy of this Text Order has been served on pro se party(ies) via regular mail.) (sg)
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference to address Dkt. 46 held on 8/29/2022. Appearances: Roderick Golden, plaintiff pro se; Melissa Latino, Esq. and Katherine Felice, Esq. for Defendants. After discussing the remaining deadlines as well as potential dates for plaintiff's deposition, the Court obtains the agreement from all parties for a date certain for plaintiff's deposition. The deposition is court ordered to be held on 10/14/2022. A separate text order will follow with more detail. (A copy of this text minute entry has been served on pro se party via regular mail.) (sg )
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TEXT NOTICE of Telephone Status Conference: ***PLEASE NOTE** This conference takes the place of the conference previously scheduled for 10/5/2022 by text notice of 6/16/2022: Telephone Status Conference set for 11/9/2022 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Parties are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 4523. (A copy of this text notice has been served on pro se party via regular mail.)(sg)
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TEXT NOTICE of Telephone Conference: A Telephone Discovery Conference has been set for 8/29/2022 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Parties are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 4523. (A copy of this text notice has been served on pro se party via regular mail.)(sg)
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Filing 46
Letter from Roderick Golden objecting to defendant's request for a deposition; and requesting a telephone conference. (nas )
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Filing 45
NOTICE Re: Rule 26 by Roderick Golden (khr)
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Filing 44
TEXT ORDER: The Court extended discovery deadlines as follows: Plaintiff to serve Rule 26 Mandatory Disclosures by 6/24/2022. Rule 33 and 34 Requests to be served by 7/15/2022. Fact Discovery due 10/14/2022. Fact Discovery Motions due 10/28/2022. Plaintiff Expert Disclosure Deadline is 11/18/2022. Defendant Expert Disclosure Deadline is 12/30/2022. Rebuttal Expert Disclosure Deadline is 1/13/2022. Discovery due by 2/17/2023. Discovery Motions due 3/3/2023. Dispositive Motions to be filed by 4/14/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/16/2022. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg)
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TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 10/5/2022 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Parties are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 4523(A copy of this text notice has been served on pro se party via regular mail.)(sg )
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 6/16/2022. Appearances: Roderick Golden, plaintiff pro se; Katherine Felice, Esq. for defendant Root. No appearance was made by counsel for defendant Gagne. Mr. Golden and Ms. Felice report on status of discovery. After hearing from the parties, Court sets deadlines. A separate text order will be issued. Court will also set another telephone status conference so that all parties may be present. (sg ) Modified on 6/16/2022 (sg, ).(A copy of this text minute entry has been served on pro se party via regular mail.)
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Filing 43
TEXT ORDER: The Court set the following additional deadlines during the 4/4/2022 Telephone Rule 16 Conference: Fact Discovery due 6/30/2022; Fact Discovery Motions due 7/14/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/5/2022. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg)
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Filing 42
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 2 days, to be held at Utica NY. Rule 26(a)(1) Mandatory Disclosures to be exchanged no later than 4/8/2022. Rule 33 and 34 Requests to be served by 4/25/2022. Joinder of Parties due by 6/6/2022. Amended Pleadings due by 6/6/2022. Plaintiffs Expert Disclosure Deadline is 7/29/2022. Defendants Expert Disclosure Deadline is 8/26/2022. Rebuttal Expert Disclosure Deadline is 9/9/2022. Discovery due by 9/30/2022. Discovery Motions due 10/14/2022. Dispositive Motions to be filed by 11/14/2022. Assisted Mediation is deferred and will be revisited with the parties in the future. Signed by Magistrate Judge Therese Wiley Dancks on 4/5/2022. (A copy of this Order has been served on pro se party(ies) via regular mail.)(sg)
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TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 6/16/2022 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Parties are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 4523.(A copy of this text notice has been served on pro se party via regular mail.)(sg)
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Filing 41
TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 4/4/202. Appearances: Roderick Golden, plaintiff pro se; Melissa Latino, Esq. and Katherine Felice, Esq. for Defendants. Court reviews Civil Case Management Plan. Rule 26 Disclosures not completed by all parties. Mediation is deferred at this time until some discovery has been conducted. Court will revisit at the next conference. Pretrial deadlines are established, a scheduling order will follow.(A copy of this text minute entry has been served on pro se party via regular mail.) (sg)
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Filing 40
TEXT ORDER granting Defendants' #38 Letter Request to reschedule the telephone initial conference. Telephone Initial Conference RESCHEDULED for 4/4/2022 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Parties are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 4523. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/17/2022. (A copy of this Text Order has been served on pro se party(ies) via regular mail.) (sg)
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Filing 39
CIVIL CASE MANAGEMENT PLAN by William Root. (Felice, Katherine)
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Filing 38
Letter Motion from Katherine B. Felice for William Root requesting Adjournment of Rule 16 Conference submitted to Judge Dancks with consent of Plaintiff and Counsel to Defendant Gagne. (Felice, Katherine)
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Filing 37
First ANSWER to #11 Amended Complaint Dkt. No. 11, First CROSSCLAIM against Defendant William Root by John Gagne(Field Investigator). (Attachments: #1 Declaration of Service)(Latino, Melissa)
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TEXT NOTICE -Rescheduling of Rule 16 Conference: The Telephone Initial Conference has been re-set for 3/23/2022 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Parties are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 4523. Civil Case Management Plan must be filed NO LATER THAN 3/16/2022 and Mandatory Disclosures are to be exchanged by the parties on or before 3/16/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (A copy of this text notice has been served on pro se party via regular mail.)(sg)
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***Answer due date updated for John Gagne answer due 2/21/2022. (khr)
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Filing 36
MEMORANDUM-DECISION and ORDER granting in part and denying in part #34 Motion to Dismiss. ORDERED that 1. Defendant John Gagns motion to dismiss plaintiff Roderick Goldens amended complaint is GRANTED in part and DENIED in part; 2. Plaintiff Roderick Goldens Fourth Amendment claims for false arrest under 42 U.S.C. 1983 are DISMISSED against all defendants; 3. Plaintiff Roderick Goldens claims for malicious prosecution under 42 U.S.C. 1983 remain for discovery against both defendants; and 4. Defendant John Gagn is directed to answer plaintiff Roderick Goldens amended complaint no later than Monday, February 21, 2022. IT IS SO ORDERED. Signed by Judge David N. Hurd on 2/10/2022. (Copy served via regular mail)(khr)
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CLERK'S TEXT NOTICE re #34 First MOTION to Dismiss filed by John Gagne: Motion is returnable before Hon. David N. Hurd. Motion is on submit unless otherwise instructed by Judge Hurd's Chambers. (A copy of this text notice has been served on pro se party via regular mail.) (sg)
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Filing 35
RESPONSE in Opposition re #34 First MOTION to Dismiss pursuant to FRCP 12(b) filed by John Gagne(Field Investigator). Motion returnable before Judge Hon. Therese Wiley Dancks filed by Roderick Golden. (khr)
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Filing 34
First MOTION to Dismiss pursuant to FRCP 12(b) filed by John Gagne(Field Investigator). Motion returnable before Judge Hon. Therese Wiley Dancks Response to Motion due by 1/21/2022. Reply to Response to Motion due by 1/28/2022 (Attachments: #1 Memorandum of Law, #2 Declaration with Exhibits A and B, #3 Declaration of Service) (Latino, Melissa)
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Filing 33
TEXT ORDER: Court has reviewed plaintiff's tardy status report (Dkt. No. #32 ). However, since a notice of appearance has been filed now by defendant Gagnon, and his response to the complaint is due 12/31/2021, the Rule 16 conference scheduled for 1/10/2022 is adjourned at this time and will be rescheduled after defendant Gagnon responds to the complaint. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/28/2021. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg)
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Filing 32
STATUS REPORT by Roderick Golden. (khr)
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Filing 31
AFFIDAVIT of Service for Notice of Appearance of Counsel (Dkt. No. 30) served on Roderick Golden on 12/14/2021, filed by William Root(Onondaga County Sheriff's Dept.). (Felice, Katherine)
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Filing 30
NOTICE of Appearance by Katherine B. Felice on behalf of William Root(Onondaga County Sheriff's Dept.) (Felice, Katherine)
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Filing 29
ANSWER to Complaint Amended (Dkt. No. 11), CROSSCLAIM against John Gagne by William Root.(Heisler, John)
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Filing 28
TEXT ORDER: Court reviewed letter motion (Dkt. No. #27 ) from defendant Gagne requesting an extension of time to respond which is granted. Defendant Gagne's response to the complaint and cross-claims is due 12/31/2021. The Rule 16 conference remains as scheduled for 1/10/2022 at this time per Text Notice 11/29/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/10/2021. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg)
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Filing 27
First Letter Motion from AAG Melissa A. Latino for John Gagne requesting Extension of response date submitted to Judge Hon. Therese Wiley Dancks . (Latino, Melissa)
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Filing 26
AFFIDAVIT of Service for Declaration of Service served on Roderick Golden on 12/08/21, filed by John Gagne. (Latino, Melissa)
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Filing 25
NOTICE of Appearance by Melissa A. Latino on behalf of John Gagne (Latino, Melissa)
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Filing 24
TEXT ORDER: Court has reviewed docket and notes that defendant Gagne appears to be in default. Plaintiff to file status report by 12/17/2021 regarding any communication received from defendant Gagne or anyone on his behalf. The 12/15/2021 telephone Rule 16 Conference and associated deadlines will be rescheduled by separate text notice. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/29/2021. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg)
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TEXT NOTICE - Rescheduling of Initial Conference: the Telephone Initial Conference has been RESCHEDULED for 1/10/2022 at 11:30 AM before Magistrate Judge Therese Wiley Dancks. Parties are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 4523. Civil Case Management Plan must be filed NO LATER THAN 1/3/2022 and Mandatory Disclosures are to be exchanged by the parties on or before 1/3/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (A copy of this text notice has been served on pro se party via regular mail.)(sg)
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Filing 23
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to John Gagne served on 9/20/2021, answer due 11/19/2021. Acknowledgment filed by Roderick Golden. (khr)
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Filing 22
AFFIDAVIT of Service for Answer to Amended Complaint served on Roderick Golden on 10/19/2021, filed by William Root. (Heisler, John)
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Filing 21
ANSWER to #11 Amended Complaint , CROSSCLAIM against John Gagne by William Root.(Heisler, John)
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Filing 20
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to William Root served on 9/20/2021, answer due 11/19/2021. Acknowledgment filed by Roderick Golden. (khr)
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Filing 19
AFFIDAVIT of Service for notice of appearance of John E. Heisler Jr. as counsel for William Root served on plaintiff on 29 Sep 21, filed by William Root. (Heisler, John)
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Filing 18
NOTICE of Appearance by John E. Heisler, Jr on behalf of William Root (Heisler, John)
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Filing 17
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 12/15/2021 11:15 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/8/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc, )
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Filing 16
Summons Issued as to John Gagne and Detective William Root. [Service packets forwarded to the US Marshals for service on the defendants.] (Attachments: #1 Summons issued as to Det. William Root)(ztc, )
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Filing 15
ORDER adopting Report and Recommendations re #13 Report and Recommendations. ORDERED that 1. The Report & Recommendation is ADOPTED; 2. Plaintiffs amended complaint is accepted for filing; 3. Plaintiffs Fourth Amendment false arrest claim against defendants Gagne and Root survives initial review and requires a response; 4. Plaintiffs Fourth Amendment malicious prosecution claim against defendant Gagne survives initial review and requires a response; 5. Plaintiffs remaining claims are dismissed pursuant to 28 U.S.C. 1915(e) for failure to state a claim upon which relief can be granted; 6. The Clerk of the Court is directed to TERMINATE DA Fitzpatrick, Judge Marks, and Furlong as defendants; 7. The Clerk of the Court shall provide plaintiff with blank summonses for service upon defendants Gagne and Root; 8. The plaintiff shall complete these summonses and provide them to the Clerk within twenty-one days from the issuance of this opinion; 9. Upon receipt from plaintiff of the completed summonses, the Clerk shall issue and forward them, along with a copy of the operative complaint and a packet containing General Order 25, which sets forth the Civil Case Management Plan used by the Northern District of New York, to the United States Marshal for service upon the defendants; and 10. A response to the complaint shall be filed by defendants or their counsel as provided for in the Federal Rules of Civil Procedure. IT IS SO ORDERED. Signed by Judge David N. Hurd on 8/26/2021. (Copy served via regular mail with blank summonses)(khr)
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Filing 14
OBJECTION to #13 Report and Recommendations by Roderick Golden. (khr)
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Filing 13
ORDER AND REPORT-RECOMMENDATION re #12 MOTION to Appoint Counsel filed by Roderick Golden. filed by Roderick Golden, #11 Amended Complaint filed by Roderick Golden. RECOMMENDED that Plaintiff's amended complaint (Dkt. No.11) be accepted for filing; and it is further RECOMMENDED that Plaintiff's Fourth Amendment false arrest claim against Defendants Gagne and Root SURVIVES initial review and requires a response; and it is further RECOMMENDED that Plaintiff's Fourth Amendment malicious prosecution claim against Defendant Gagne survives initial review and requires a response; and it is further RECOMMENDED that the remaining claims be dismissed pursuant to 28 U.S.C. Section 1915(e) for failure to state a claim upon which relief can be granted and with leave to amend; and it is further RECOMMENDED that the Clerk be directed to TERMINATE DA Fitzpatrick, Judge Marks,and Furlong as Defendants in this action; and it is further ORDERED that Plaintiff's motion to appoint counsel (Dkt. No. 12) is DENIED. Objections to R&R due by 8/4/2021 Case Review Deadline 8/9/2021. Signed by Magistrate Judge Therese Wiley Dancks on 7/21/2021. (Copy served via regular mail)(khr)
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Filing 12
MOTION to Appoint Counsel filed by Roderick Golden. Motions referred to Therese Wiley Dancks. (khr)
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Filing 11
AMENDED COMPLAINT WITH JURY DEMAND against William Fitzpatrick, Timothy Furlong, John Gagne, Lawrence Marks, William Root filed by Roderick Golden.(khr)
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Filing 10
TEXT ORDER: Court has reviewed plaintiff's untimely letter request (Dkt. No. #9 ) for an extension of time to file an amended complaint which is granted in consideration of plaintiff's pro se status. Plaintiff must file his amended complaint no later than 6/25/2021. In the future, plaintiff must follow Court orders regarding deadlines and file any required documents in a timely fashion as ordered by the Court. Failure to do so may result in sanctions including, but not limited to, dismissal of the action.SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/17/2021.(A copy of this Text Order has been served on pro se party(ies) via regular mail.) (sg )
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Filing 9
Letter Request/Motion from Roderick Golden requesting extension of time to file an amended complaint. (khr)
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Filing 8
RETURN RECEIPT received as to served on Roderick Golden re #7 Order on Report and Recommendations. (khr)
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Set Deadlines/Hearings: Plaintiff to file amended complaint. Notice of Compliance Deadline 6/18/2021 (sg)
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Filing 7
ORDER Adopting Report and Recommendation re #6 Report and Recommendations. ORDERED that the Report & Recommendation is accepted and adopted and Plaintiff has thirty days from the date of this Order in which to file an amended pleading in accordance with the instructions set forth in footnote four of the Report & Recommendation.IT IS SO ORDERED. Signed by Judge David N. Hurd on 5/13/2021. (Copy served via regular and certified mail)(khr)
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Filing 6
ORDER and REPORT-RECOMMENDATIONS re #2 MOTION for Leave to Proceed in forma pauperis filed by Roderick Golden, #1 Complaint filed by Roderick Golden, #3 MOTION to Appoint Counsel filed by Roderick Golden. ORDERED that Plaintiff's IFP Application (Dkt. No. 2) is GRANTED; and it is further RECOMMENDED that plaintiff's Complaint (Dkt. No. 1) be DISMISSED without prejudice and with leave to amend; and it is further ORDERED that Plaintiff's motion to appoint counsel (Dkt. No. 3) is DENIED without prejudice and with leave to renew. Objections to R&R due by 5/5/2021 Case Review Deadline 5/10/2021. Signed by Magistrate Judge Therese Wiley Dancks on 4/21/2021. (Copy served via regular mail)(khr)
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Filing 5
NOTICE of Change of Address by Roderick Golden Effective Date 3/17/2021 Old Address: 308 Melrose Ave., Syracuse, NY 13206 New Address: 208 Melrose Ave., Syracuse, NY 13206 (khr)
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Filing 4
PRO SE HANDBOOK and NOTICE issued and explained to Roderick Golden at time complaint was filed on 1/25/2021. (khr)
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Filing 3
MOTION to Appoint Counsel filed by Roderick Golden. Motions referred to Therese Wiley Dancks. (khr)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Roderick Golden. Motions referred to Therese Wiley Dancks. (khr)
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Filing 1
COMPLAINT WITH JURY DEMAND against William Fitzpatrick, Timothy Furlong, John Gagne, Lawrence Marks, William Root filed by Roderick Golden. (Attachments: #1 Exhibits, #2 Civil Cover Sheet)(khr)
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