Schisler v. Rizio et al
| William G. Schisler, Sr. |
| Ronald Rizio, Sherri Rizio and Joseph R. Fusco |
| 6:2015cv01122 |
| September 16, 2015 |
| US District Court for the Northern District of New York |
| Utica Office |
| Oneida |
| Andrew T Baxter |
| Thomas J McAvoy |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on August 3, 2017. A more recent docket listing may be available from PACER.
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Filing 24
MANDATE of USCA (Issued on 6/29/2017) as to #22 Notice of Appeal filed by William G. Schisler, Sr.: It is hereby Ordered that the appeal is Dismissed for lack of jurisdiction and it is further Ordered that Appellant's motion is Denied as moot. (hmr)
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USCA Case Number 17-543 for #22 Notice of Appeal filed by William G. Schisler, Sr. (hmr)
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Filing 23
ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #22 Notice of Appeal (hmr)
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Filing 22
NOTICE OF APPEAL as to #11 Decision and Order, #12 Judgment Recommendations and #14 Decision and Order by William G. Schisler, Sr. (hmr)
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Clerk mailed a copy of the #23 Electronic Notice and Certification to pro se plaintiff at 908 Stark Street, Utica, NY 13502 (which is an updated address in a more recent case) by regular mail. (This was put in the box to be mailed out on 2/24/2017.) (hmr)
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Filing 21
MANDATE of USCA denying the motion for leave to proceed in forma pauperis and dismissing the appeal. (sfp, )
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Filing 20
Service Dog Registration filed by William G. Schisler, Sr. (hmr)
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Clerk mailed a copy of the #19 Supplemental Electronic Certification to William G. Schisler, Sr., on 6/28/2016 by regular mail. (see)
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Filing 19
Supplemental Electronic Certification transmitted to US Court of Appeals, re: #15 Notice of Appeal. {Noting that USCA forms were filed in District Court} (see)
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Filing 18
Second Circuit Court of Appeals forms which include Motion Information Sheet, Acknowledgement and Notice of Appearance, and Transcript Information (Form D-P) filed by William G. Schisler, Sr. {Pltf advised at the counter that these forms should be mailed to the Circuit, however he stated that he did not have the money to mail them} (Attachments: #1 Acknowledgement and Notice of Appearance, #2 Transcript Information (Form D-P)) (see)
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USCA for Second Circuit Case Number 16-1980 for #15 Notice of Appeal, filed by William G. Schisler, Sr. (see)
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Minute Entry: MOTION CALENDAR held 6/24/2016 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: APP/CR/CRD: None. Pltf's #13 MOTION for Reconsideration of Sr. Judge McAvoy's #11 Decision & Order - TAKEN ON SUBMIT [addressed by TJM #14 order]. (cml)
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Filing 17
Amended Electronic Certification transmitted to US Court of Appeals re #15 Notice of Appeal. This was amended to state that IFP was granted for purposes of the Dkt. #6 Order and Report and Recommendation only. (hmr)
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Clerk mailed copies of #14 Decision and Order; #16 Electronic Notice and Certification and #17 Amended Electronic Certification to pro se plaintiff by regular mail on 6/20/2016. (hmr)
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Filing 16
ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #15 Notice of Appeal. (hmr)
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Filing 15
NOTICE OF APPEAL as to #11 Decision and Order and #12 Judgment, by William G. Schisler, Sr. (Attachments: #1 Letter)(hmr) [Copies of the Notice of Appeal, Letter and Civil Appeals Packet were handed to pro se plaintiff over the counter on 6/17/2016.]
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Filing 14
DECISION AND ORDER: that Plaintiff's motion for reconsideration, dkt. #13 is hereby Denied. Signed by Senior Judge Thomas J. McAvoy on 06/17/2016. (hmr) (Main Document 14 replaced on 6/17/2016) (hmr, ).
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CLERK'S CORRECTION OF DOCKET ENTRY re #14 Decision and Order: Clerk replaced the document with a corrected document - had the correct date on it. (hmr)
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TEXT ONLY NOTICE setting PLTF'S #13 LETTER MOTION for Reconsideration of Sr. Judge McAvoy's #11 Decision & Order returnable at 10:00 AM on 6/24/2016 in BINGHAMTON, NY before Sr. Judge Thomas J. McAvoy. This motion will be taken on a SUBMIT BASIS; no in-person appearances are necessary. No additional briefing required unless so directed by further order of the court; SO ORDERED - Authorized on 6/07/2016 by Sr. District Judge Thomas J. McAvoy (cml) [ CRD traditionally served this text only order upon non-NEF pltfs ]
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Filing 13
PLTF William G. Schisler, Sr.'s LETTER MOTION for Reconsideration of Sr. Judge McAvoy's #11 Decision & Order (Attachments: #1 Copy of Order #21 filed in 6:15-CV-734, #2 Duplicate Copy of Order #21 filed in 6:15-CV-734, #3 Copy of General Order 25 filed in 6:15-CV-734, #4 Duplicate Copy of General Order 25 filed in 6:15-CV-734, #5 Medical Records, #6 Pltf Schisler Letter dtd 4/21/2016, #7 Copy of Pltfs' Notice Regarding Legal Advice, #8 Civil Rights Complaint filed in 6:16-CV-514) (cml)
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Clerk mailed copies of the #11 Decision and Order and #12 Judgment to pro se plaintiff by both regular and certified mail on 5/24/2016. (hmr)
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Filing 12
JUDGMENT: It is Ordered and Adjudged: that plaintiff's complaint is DISMISSED in its Entirety with Prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim in accordance with the Honorable Magistrate Judge Andrew T. Baxters Dkt. No. 10 Order and Report- Recommendation, dated April 19, 2016 as adopted in accordance with the Honorable Senior District Judge Thomas J. McAvoy's Dkt. No. 11 Decision and Order dated May 23, 2016. (hmr)
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Filing 11
DECISION AND ORDER: that the Plaintiffs' objections to the Report-Recommendation of Magistrate Judge Baxter, dkt. #16 in 6:15-CV-734, are hereby Overruled. The Report Recommendation, dkt #15 in No. 6:15-CV-734, is hereby Adopted, and Schisler II, 6:15-CV-1122, is hereby Dismissed in its Entirety with Prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim; That Schisler I and Schisler II are no longer consolidated under Fed. R. Civ. P. 42; that Schisler I, 6:15-CV-734, proceed against defendants Dominico, Tallerino and Shaver in their official capacities, based on a claim that plaintiffs were denied a permit for their driveway in violation of statutes prohibiting disability discrimination and the case will be referred back to Magistrate Judge Baxter to order service on and an answer by the defendants. Signed by Senior Judge Thomas J. McAvoy on 05/23/2016. (hmr)
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Filing 10
REPORT AND RECOMMENDATIONS re #1 Complaint. ORDERED that pltfs' applications to proceed IFP are GRANTED for all future purposes; RECOMMENDED that Schisler II, 6:15-CV-1122 be DISMISSED IN ITS ENTIRETY WITH PREJUDICE pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim; RECOMMENDED that if the court adopts this recommendation, Schisler I and Schisler II no longer be consolidated under Fed. R. Civ. P. 42; RECOMMENDED that Schisler I, 6:15-CV-734 proceed as against defts Dominico, Tallerino, and Shaver in their official capacities, based on a claim that pltfs were denied a permit for their driveway in violation of statutes prohibiting handicap discrimination as stated above; RECOMMENDED that if the District Court approves this recommendation, the court refer the case back to me to order service on, and an answer by, the defts. {Served on William Schisler, Sr., on 4/20/2016 by regular mail.} Objections to R&R due by 5/6/2016. Case Review Deadline 5/10/2016. Signed by US Magistrate Judge Andrew T. Baxter on 4/19/2016. (see)
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All further filings intended for 6:15-CV-734 and 6:15-CV-1122 should be entered in LEAD CASE NO. 6:15-CV-0734. **NO further entries shall be entered into Member Case 6:15-CV-1122. (see)
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Set Deadlines/Hearings: Notice of Compliance Deadline 3/28/2016: Plaintiffs have 45 days from the #9 Decision and Order date 2/11/2016 to file an Amended Complaint in Case No. 6:15-CV-734. (hmr)
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Clerk mailed a copy of the #9 Decision and Order to pro se plaintiff by regular mail on 2/12/2016. (hmr)
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Filing 9
DECISION AND ORDER: Ordered that the Plaintiffs' objections to the Report-Recommendation of Magistrate Judge Baxter, dkt. #13 in No. 15-cv-734 and dkt. #7 in No. 15-cv-1122, are hereby Overrulled. The Report-Recommendation, dkt. #12 in No. 15-cv-734 and dkt. #6 in No. 15-cv-1122, is hereby Adopted, and 1) The Complaint in No. 15-cv-1122 is hereby Dismissed in its entirety and with prejudice as against Ronald and Sherri Rizio pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim; (2) Plaintiffs' claims against Mayor Fusco, individually, in No. 15-cv-1122 are hereby Dismissed without prejudice to Plaintiffs filing an amended complaint in No. 15-cv-734 within Forty-Five (45) days of the date of this Order; (3) If Plaintiffs file an Amended Complaint in No. 15-cv-734, that Amended Complaint shall be a complete pleading, signed by both Plaintiffs. The Amended Complaint will supercede the original Complaint. The Amended Complaint must not name Mr. and Mrs. Rizio as Defendants; and (4) Both cases will be referred to Magistrate Judge Baxter for further review at the expiration of forty-five days from the date of this Order or upon the Plaintiffs' filing of an Amended Complaint in No. 15-cv-734, whichever is earlier. Plaintiffs' objections also state that "I would like a new Judge who is not [biased], " See dkt. #13 in No. 15-cv-734, dkt. #7 in No. 15-cv-1122. The Court takes this statement as a motion for recusal. Under federal law, "[a] judge is required to recuse [him] self from any proceeding in which h[is] impartiality might reasonably be questioned." SEC v. Razmilovic, 738 F.3d 14, 31 (2d Cir. 2013) (quoting 28 U.S.C. 455 (a)). Recusal is examined under an "objective" standard: "the question is whether an objective and disinterested observer, knowing and understanding all of the facts and circumstances, could reasonably question the court's impartially." Id. A disqualifying prejudice is one that "stem[s] from an extrajudicial source and result[s] in an opinion on the merits on some basis other than what the judge has learned from his participation in the case." Id. (quoting In re International Business Machines Corp. 618 F.2d 923, 927 (2d Cir. 1980)). As such, "recusal is not warranted where the only challenged conduct 'consists[s] of judicial rulings, routine trial administration effort, and ordinary admonishments to counsel and to witnesses' where the conduct occurs during judicial proceedings and where the judge 'neither relies [u]pon knowledge acquired outside proceedings nor display[s] deep-seated and unequivocal antagonism that would render fair judgment impossible." Id. at 29-30 (quoting IBM, 618 F.3d at 556). The only basis stated by the Plaintiffs for recusal is a claim that the Court is biased. This alleged bias apparently results from the Court's rulings in this matter. Since a judge's rulings, absent more, are not a proper basis for recusal, the Court will deny the motion for recusal.Signed by Senior Judge Thomas J. McAvoy on 2/11/2016. (hmr)
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Filing 8
Medical Records filed by William G. Schisler, Sr. (hmr)
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Filing 7
OBJECTION to #6 Report and Recommendations by William G. Schisler, Sr. (hmr)
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Clerk mailed copies of the #6 Order & Report-Recommendation to William Schisler, Sr. on 9/29/2015 by regular mail. (see)
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Filing 6
ORDER and REPORT AND RECOMMENDATION re #1 Complaint filed by William G. Schisler, Sr. ORDERED that pltf's application to proceed IFP (Dkt. No. 2 in 6:15-CV-1122) is GRANTED FOR PURPOSES OF THIS ORDER AND REPORT-RECOMMENDATION; RECOMMENDED that the complaint (6:15-CV-1122) be dismissed in its entirety WITH PREJUDICE as against RONALD and SHERRI RIZIO, pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim; RECOMMENDED that pltf's claims as against Mayor Fusco, individually, in 6:15-CV-1122 be DISMISSED WITHOUT PREJUDICE TO PLTFS FILING AN AMENDED COMPLAINT IN 6:15-CV-734 within 45 DAYS of the date that the Court approves this recommendation; RECOMMENDED that if the Court approves this recommendation, and if pltfs file an amended complaint in 6:15-CV-734, it shall be a complete pleading, signed by both pltfs, which will supersede the original, and must NOT name Mr. and Mrs. Rizio as defts; RECOMMENDED that both cases be referred to Magistrate Judge Baxter for further review at the expiration of 45 DAYS following the District Court's order on this recommendation or upon pltfs filing an amended complaint in 6:15-CV-734 whichever is first; and ORDERED that pltf's #10 Letter Motion for an extension/stay in 6:15-CV-734 (Dkt. No. 10) is DENIED, except insofar as Magistrate Judge Baxter granted the pltfs additional time to file one amended complaint. (Objections to R&R due by 10/15/2015, Case Review Deadline 10/19/2015) Signed by US Magistrate Judge Andrew T. Baxter on 9/28/2015. (see)
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Filing 5
Medical Records/Prescription filed by William G. Schisler, Sr. (hmr)
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to Senior Judge Thomas J. McAvoy for all further proceedings. Judge Gary L. Sharpe no longer assigned to case.Signed by Chief Judge Glenn T. Suddaby on 09/17/2015. (hmr)
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Clerk mailed out a copy of #4 Order Reassigning Case to pro se plaintiff on 9/17/2015 by regular mail. (hmr)
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CLERK'S CORRECTION OF DOCKET ENTRY re #2 Motion for Leave to Proceed in forma pauperis: Clerk replaced the main document with a redacted version that redacted the minor child's name. (hmr)
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Filing 3
PRO SE HANDBOOK and NOTICE issued and explained to William G. Schisler, Sr at time complaint was filed. [Copy of the pro se notice was given to the pro se plaintiff at the counter.] (hmr)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by William G. Schisler, Sr. (Attachments: #1 Proposed Summons for Ronald Rizio, #2 Proposed Summons for Sherri Rizio, #3 Proposed Summons for Joseph R. Rizio) Motions referred to Andrew T. Baxter. (hmr) (Main Document 2 replaced on 9/17/2015) (hmr, ).
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Filing 1
COMPLAINT against Joseph Fusco, Ronald Rizio, Sherri Rizio filed by William G. Schisler, Sr. (Attachments: #1 Civil Cover Sheet)(hmr)
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