Gillard v. Rovelli et al
| Gary Gillard |
| Michael Rovelli, Frank Flores, S. Shattuck, K. Foster, M. Rock, Jane Doe, Alfred Aubin, Curtis Poirier, Eric Perez, Nicholas Deluca, Colin Fraser, Michael Hoy, Nabozny, K.H. Smith, C.F. Kelly, P. Heath, David Rock, Terry, Fisher Nesmith, David Lindemann, J. Leos, Roberta Labrum, Howard Silverberg, Carandy, Janet Collins, Brian Mcallister, Richard Roy, Hollin, Brian Fischer, New York State Department of Correctional Services and Peter Besson |
| 9:2009cv00860 |
| July 30, 2009 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| George H. Lowe |
| Norman A. Mordue |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
207
ORDER REFERRING CASE TO PRISONER MEDIATION PROGRAM : Plaintiff, GARY GILLARD, DIN 01-A-1613 a New York prisoner confined at Green Haven Correctional Facility filed these pro se civil rights complaints pursuant to 42 USC § 1983. Good cause appe aring, the instant cases shall be referred to the NYND Prisoner Mediation Program. A mediation hearing shall take place at the United States District Court, Albany NY with all interested parties and/or their representatives at 9:00am on July 17, 2014, before United States Magistrate Judge Christian F. Hummel. Signed by Chief Judge Gary L. Sharpe on 6/24/2014. (ptm) (Copy served on plaintiff by regular mail)
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Filing
165
MEMORANDUM-DECISION AND ORDER: ORDERED, that the Report-Recommendation and Order (Dkt. No. 161 ) is accepted in part and rejected in part. ORDERED, that plaintiff's motion (Dkt. No. 137 ) for summary judgment against defendant Eric Perez is denied. ORDERED, that defendants' motion (Dkt. No. 140 ) for summary judgment dismissing the claims against defendant Nurse J. Leos is granted to the extent of dismissing the claims against her in her official capacity and otherwise denied. Signed by Judge Norman A. Mordue on 3/25/13. (served on non-ecf parties by regular mail) (alh, )
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Filing
126
MEMORANDUM-DECISION AND ORDER: ORDERED, that the Report and Recommendation and Order (Dkt. No. 122 ) is accepted. ORDERED, that plaintiff's motion (Dkt. No. 95 ) for summary judgment against defendant Eric Perez is denied. ORDERED, that the orders regarding Dkt. Nos. 105 , 107 , and 120 are affirmed. Signed by Judge Norman A. Mordue on 3/20/12. (served on plaintiff by regular mail) (alh, )
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Filing
84
ORDER: ORDERED that the Report-Recommendation (Dkt. No. 82 ) is hereby adopted in its entirety. ORDERED that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 42 ) is GRANTED IN PART AND DENIED IN PART. ORDERED that the fol lowing claims are dismissed with prejudice: (1) the Eighth Amendment medical claim against Defendant Nesmith; (2) the claim against Defendant McAllister; (3) any claim that Defendants Rovelli, Deluca, Lindemann, and Silverberg violated Plaintiff' ;s constitutional rights simply by threatening him; (4) the claim against Defendant Holland; (5) any claims for damages against Defendants in their official capacities; and (6) the pendent state law claims. ORDERED that Defendants McAllister and Hol land are hereby terminated as Defendants. ORDERED that the following claims are dismissed without prejudice: (1) the Eighth Amendment medical claims against Defendants Collins, Lindemann, Labrum, and Silverberg; (2) the claims against Defendants Fis cher, Roy, David Rock, Heath, and Nabozny; and (3) the conspiracy claims. ORDERED that if plaintiff wishes to amend his complaint as to the Eighth Amendment medical claims against Defendants Collins, Lindemann, Labrum, and Silverberg; the claims aga inst Defendants Fischer, Roy, David Rock, Heath, and Nabozny; and the conspiracy claims, he may do so by serving and filing an amended complaint within 60 days, that is, on or before January 24 2011, and if he does not do so, such claims will automat ically be dismissed without further order of the Court, and Defendants Collins, Lindemann, Labrum, Silverberg, Fischer, Roy, David Rock, Heath, and Nabozny will be terminated as Defendants. ORDERED that if plaintiff amends his complaint, the amended complaint will completely replace the initial complaint, and any claims from the initial complaint that are not set forth in the amended complaint will be deemed abandoned. ORDERED that on March 25, 2011, or within 60 days of receipt of an amended c omplaint, whichever first occurs, Defendants shall serve an answer as follows: answering the amended complaint if one is served; or if no amended complaint is served, answering the remaining claims of the initial complaint, that is, (1) the Eighth Am endment medical care claim against Defendant Leos, and (2) the following claims, which were not addressed by the motion to dismiss: (a) the retaliation claims against Defendants Smith, Besson, Kelly, Foster, Flores, Shattuck, Rovelli, Hoy, and Deluca ; (b) the excessive force claim against Defendants Rovelli, Deluca, Flores, Shattuck, Fraser, Hoy, Foster, and Nesmith; and (c) the Eighth Amendment conditions of confinement claims regarding issues with Plaintiff's food. ORDERED that Plaintiff's motion for summary judgment (Dkt. Nos. 72 and 77 ) is DENIED. Signed by Chief Judge Norman A. Mordue on 11/23/10. (Order served on plaintiff and defendant Perez by regular mail)(alh, )
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