Povoski v. LaValley et al
| Frank J. Povoski, Jr. |
| R. Carine, Kevin Hart, Daniel Clancy, James Facteau, Ken Strader, Jane Smith, Kang Lee, James Tyler, Keith Bushey, Thomas Wood, John Miller, Scott Defayette, Raymond Furnia, Jason Pelkey, Brian Kelly, John Reyelle, Thomas LaValley, Robert Trudeau, Richard Mahuta, Leeward Macey, Darlene Waldron, George Tamer, Melody Cayea, Ronald DuPree, Dr. Berggren, Jamie Stuart, Richard Florentine, Heath Baker, Richard Young, Randy LaMora, C. Wenderlich, William Allan, Shawn Terry, Rebecca Bentley, Donald Uhler, Robert Ayotte, Casey Strong, Dawn Badger, J. Waldron, D. Henderson, S. Lacy, Amber Lashway, L. LaPine, Lisa Clemons, Scott Ashline, Jill Perry, William Bisso, J. LaMora, Dale Artus, Vonda Johnson, Harry Hetrick, Robert Harden, James Cooper, Jerry Wood, Kelly Bonner, Curtis Drown, Richard Rendle, Mary Gillen, John Smith, Brian Fischer, Todd Strack, Tara Brousseau, Randal Smith, Bruce Shutts, John Crusie, Margaret Livsey, Scott Drollette, David Trudeau, Jody Boulrice, Stanley Garman, David Amodio, Michael Giambruno and Kevin Hicks |
| 9:2011cv00120 |
| February 3, 2011 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Clinton |
| David E Peebles |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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| Magistrate Judge Peebles' Chambers received a call from plaintiff's sister today who advised that she received various documents from Attorney Poplaski concerning plaintiff's case file, however, she did not receive the DVD that was part of the settlement agreement. CRD contacted Attorney Poplaski today and he advised that the DVD is with his staff for mailing to plaintiff's sister. Attorney Poplaski confirmed that this DVD will be mailed out today or the latest tomorrow to plaintiff's sister. (Served plaintiff by regular mail). (sal, ) |
Filing 136
TEXT ORDER approving stipulation, placed on the record during a telephone conference conducted on 1/20/2015, to dismiss this action with prejudice and without costs or attorney's fees awarded to any party. Authorized by Magistrate Judge David E. Peebles on 1/20/15. (Served plaintiff by regular mail). (sal, )
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| TEXT Minute Entry for proceedings held on the record by telephone before Magistrate Judge David E. Peebles: Telephone Conference held on 1/20/2015. Based upon a recent communication received by the court from plaintiff, this conference was scheduled for today. Judge reiterates that he is not precluding the plaintiff from proceeding pro se at the time of trial. The jury trial is going forward as scheduled, thus, the plaintiff has three options : 1) proceed pro se during the trial, 2) continue with appointment of pro bono trial counsel, 3) or proceed with stand-by pro bono trial counsel. Plaintiff discusses some outstanding issues concerning the trial, which includes the disclosure of photographs depicting injuries allegedly sustained during January and February of 2008. After a lengthy discussion, plaintiff requests to dismiss this action with prejudice without costs or attorney's fees to be awarded to any party. Defendants' counsel stipulates to this dismissal. Attorney Jason Poplaski also consents to this. Based upon consent of all parties, as stipulated on the record, Judge orders this action dismissed with prejudice and without costs or attorney's fees awarded to any party. A judgment dismissing this action based upon settlement will be issued shortly. Attorney Poplaski will return all of plaintiff's documents, together with a CD, to the plaintiff at an address that he will supply to Attorney Poplaski shortly. The court will contact Great Meadow Correctional Facility to cancel the writ to produce the plaintiff for trial on 1/26/2015. APP: Jason Poplaski, Esq., Plaintiff Frank Povoski, Jr., David Roberts, AAG, and Joshua Farrell, AAG. Court Reporter: Eileen McDonough. (Served plaintiff by regular mail). (sal, ) |
| CRD for MJ Peebles contacted the USMS and Great Meadow Correctional Facility to advise that the writ to produce the plaintiff for a jury trial on 1/26/2015 is now cancelled. (sal, ) |
| Filing 135 Proposed Jury Instructions by Dr. Berggren, Kelly Bonner, Keith Bushey, James Cooper, Michael Giambruno, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, David Trudeau, James Tyler, Thomas Wood. (Roberts, David) |
| Filing 134 LETTER BRIEF in response to Pl's ltr-brief dated 1-16-15 by Dr. Berggren, Kelly Bonner, Keith Bushey, James Cooper, Michael Giambruno, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, David Trudeau, James Tyler, Thomas Wood. (Roberts, David) |
| Filing 133 LETTER BRIEF by Frank J. Povoski, Jr. (Poplaski, Jason) |
| Filing 132 PROPOSED VERDICT FORM by Frank J. Povoski, Jr. (Poplaski, Jason) |
| Filing 131 Court Ordered Voir Dire by Frank J. Povoski, Jr. (Poplaski, Jason) |
| Filing 130 Witness List by Frank J. Povoski, Jr. (Poplaski, Jason) |
| Filing 129 Proposed Jury Instructions by Frank J. Povoski, Jr. (Poplaski, Jason) |
| Filing 128 Proposed Voir Dire by Frank J. Povoski, Jr. (Poplaski, Jason) |
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Filing 127
TEXT ORDER: Due to a conflict with Magistrate Judge Peebles' schedule, the Telephone Conference set for 1/20/2015 at 2:30 PM is rescheduled for 2:00 PM that same day before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers. Authorized by Magistrate Judge David E. Peebles on 1/15/15. (Served plaintiff by regular mail). (sal, )
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Filing 126
TEXT ORDER : The court is in receipt of plaintiff's letter dated 1/8/2015. Dkt. No. #124 . Plaintiff's request for an adjournment of the jury trial in this matter is DENIED. Plaintiff is advised that he has the right to proceed pro se if desired in which case the court will relieve Jason Poplaski, Esq. of the pro bono assignment in this action. The court will conduct a telephone conference on 1/20/2015 at 2:30 PM involving the plaintiff, Attorney Poplaski, and defendants' counsel. Defendants' counsel is directed to initiate the call to Chambers and confirm with Great Meadow Correctional Facility this call with take place. Authorized by Magistrate Judge David E. Peebles on 1/14/15. (Served plaintiff by regular mail). (sal, )
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Filing 125
TEXT ORDER: Plaintiff's Pretrial Submissions due by 1/15/2015. Authorized by Magistrate Judge David E. Peebles on 1/14/15. (Served plaintiff by regular mail). (sal, )
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| Filing 124 Letter Motion from Frank Povoski, Jr. requesting an adjournment of the jury trial submitted to Judge Peebles. (sal, ) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 1/14/2015. Magistrate Judge Peebles scheduled this conference call today with counsel to discuss two issues: 1) the limited courtroom space available at the U.S. Courthouse in Albany due to trial schedules, and 2) Attorney Poplaski serving as pro bono trial counsel in this matter. Judge notes that plaintiff's counsel has not yet filed pretrial submissions by the 1/9/2015 deadline, plaintiff has raised concerns with the court concerning his representation in this action, and plaintiff's sister has contacted the court indicating Attorney Poplaski has not returned her phone calls after several attempts. Attorney Poplaski indicates that he has spoken to the plaintiff in person, as well as by telephone on several occasions, and has contacted plaintiff's sister. He believes this case is ready for trial and apologizes to the court for not filing the pretrial submissions by the court ordered deadline. Defendants' counsel advises that one of the defendants is flying in from England and travel arrangements have already been made. Defendants would object to any adjournment of the jury trial in this matter. Judge will move forward with the jury trial scheduled for 1/26/2015 in Albany. The time for plaintiff to file pretrial submissions is extended until 1/15/2015. APP: Jason Poplaski, Esq., David Roberts, Esq., and Joshua Farrell, Esq.. (Served plaintiff by regular mail). (sal, ) |
| Filing 123 CERTIFICATE OF SERVICE by Dr. Berggren, Kelly Bonner, Keith Bushey, James Cooper, Michael Giambruno, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, David Trudeau, James Tyler, Thomas Wood (Roberts, David) |
| Filing 122 PROPOSED VERDICT FORM by Dr. Berggren, Kelly Bonner, Keith Bushey, James Cooper, Michael Giambruno, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, David Trudeau, James Tyler, Thomas Wood. (Roberts, David) |
| Filing 121 Proposed Jury Instructions by Dr. Berggren, Kelly Bonner, Keith Bushey, James Cooper, Michael Giambruno, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, David Trudeau, James Tyler, Thomas Wood. (Roberts, David) |
| Filing 120 Proposed Voir Dire by Dr. Berggren, Kelly Bonner, Keith Bushey, James Cooper, Michael Giambruno, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, David Trudeau, James Tyler, Thomas Wood. (Roberts, David) |
| Filing 119 Exhibit List by Dr. Berggren, Kelly Bonner, Keith Bushey, James Cooper, Michael Giambruno, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, David Trudeau, James Tyler, Thomas Wood. (Roberts, David) |
| Filing 118 Witness List by Dr. Berggren, Kelly Bonner, Keith Bushey, James Cooper, Michael Giambruno, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, David Trudeau, James Tyler, Thomas Wood. (Roberts, David) |
| Filing 117 LETTER BRIEF regarding evidentiary issue by Dr. Berggren, Kelly Bonner, Keith Bushey, James Cooper, Michael Giambruno, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, David Trudeau, James Tyler, Thomas Wood. (Roberts, David) |
| Filing 116 TRIAL BRIEF by Dr. Berggren, Kelly Bonner, Keith Bushey, James Cooper, Michael Giambruno, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, David Trudeau, James Tyler, Thomas Wood. (Attachments: #1 Appendix Corcoran decision, #2 Appendix Melino decision, #3 Appendix Tompkins decision)(Roberts, David) |
| Filing 115 Court Ordered Voir Dire by Dr. Berggren, Kelly Bonner, Keith Bushey, James Cooper, Michael Giambruno, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, David Trudeau, James Tyler, Thomas Wood. (Roberts, David) |
| Filing 114 NOTICE of Appearance by Joshua L. Farrell on behalf of All Defendants (Attachments: #1 Declaration of Service by traditional means for Joshua Farrell's Notice of Appearance)(Farrell, Joshua) |
| Clerk served Text Order (Dkt. No. 113) on pro se plaintiff by regular mail. (alh, ) |
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Filing 113
TEXT ORDER regarding letter motion #112 requesting that certain party and non-party witnesses be permitted to testify at trial by video-conference. Based upon the arguments of counsel, and based upon the lack of opposition and a finding of good cause as to two of the defendants, it is hereby ORDERED that defendants' motion (Dkt. No. 112) is GRANTED, in part, and that defendants Dr. Jean Berggren and Thomas Wood be permitted to testify at trial by contemporaneous transmission from a different location, pursuant to Federal Rules of Civil Procedure P. 43(a). Permission is hereby DENIED for defendant Kelley Bonner, and defendants' medical and correctional witnesses, to testify by remote means. Signed by Magistrate Judge David E. Peebles on 12/8/14. (cam, )
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| TEXT MINUTE ENTRY. An on-the record telephone conference was held on 12/8/14 at 3:30 p.m. before MJ Peebles regarding defendants' letter motion (Dkt. No. 112). MJ Peebles will issue a text order outlining his ruling. APP. Jason Poplaski, Esq., David Roberts, Esq. Court Reporter Eileen McDonough. (cam, ) |
| Set Hearings: A Telephone Conference is set for 12/8/2014 at 3:30 PM before Magistrate Judge David E. Peebles to discuss the recently filed #112 letter motion concerning defendants' witnesses for trial. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal, ) |
| Filing 112 Letter Motion from David Roberts AAG for Dr. Berggren, Kelly Bonner, Keith Bushey, James Cooper, Michael Giambruno, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, David Trudeau, James Tyler, Thomas Wood requesting Videoconference testimony & DVD capability submitted to Judge Peebles . (Roberts, David) |
| Filing 111 WRIT of Habeas Copus Ad Testificandum issued to the Superintendent of the Great Meadow Correctional Facility or the correctional facility in which Frank J. Povoski, Jr., #05-B-2531, is imprisoned and detained, IS HEREBY COMMANDED TO PRODUCE Frank J. Povoski, Jr., #05-B-2531, under safe and secure conduct, to the JAMES T. FOLEY U.S. COURTHOUSE AND FEDERAL BUILDING, 445 BROADWAY, ALBANY, NY to appear before the Honorable David E. Peebles, on the 26th of January, 2015, at 9:30 a.m. and any other day needed until the completion of the jury trial for the purpose of appearing, participating, and testifying at this proceeding in this court. Frank J. Povoski, #05-B-2531, by you imprisoned and detained, may be returned to the State Facility upon the completion of the jury trial. The prisoner at all times is to remain subject to the confinement imposed upon him by the State of New York. (Served Great Meadow Correctional Facility by regular mail and at carol.greene@doccs.ny.gov, as well as the USMS). (sal, ) |
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Filing 110
ORDER that the clerk of the court issue a Writ of Habeas Corpus Ad Testificandum directing the USMS for the NDNY, or his deputies, to serve upon the Superintendent of the Great Meadow Correctional Facility this Writ of Habeas Corpus to deliver Povoski, dressed in civilian attire, to the James T. Foley U.S. Courthouse and Federal Building, 445 Broadway, ALBANY, New York, at 9:30 a.m. on January 26, 2015 and any recessed date thereafter; and it is further ORDERED, that the USMS shall take custody of and guard Povoski, each day, during the course of the jury trial and at the conclusion of the proceeding each day, the USMS shall return custody of Povoski to the Superintendent of Great Meadow Correctional Facility, or his appointed deputies; and it is further ORDERED, that that NYS shall advance the cost of Povoski's transportation, which shall be repaid to the state from the monetary award, if any, recovered by Povoski at trial; and it is further ORDERED, that in the event the action is settled prior to the jury trial, it shall be incumbent upon defendants or their authorized representative to notify the designated institution where Povoski is housed and cancel such Writ to produce. Signed by Magistrate Judge David E. Peebles on 10/15/14. (Served Great Meadow CF by regular mail and at carol.greene@doccs.ny.gov, as well as the USMS). (sal, )
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| Served plaintiff with a copy of the #110 order and #111 writ by regular mail. (sal, ) |
| Filing 109 NOTICE of Appearance by David B. Roberts on behalf of All Defendants (Roberts, David) |
| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Settlement Conference held on 10/1/2014. Appearances: Richard Lombardo, AAG, David Roberts, AAG, in person; Frank Povoski, Jr. Plaintiff, Jason Poplaski, Esq., counsel for plaintiff appear by phone. Case did not settle. (cjm, ) |
| Filing 108 NOTICE of Hearing: The Jury Trial is set for 1/26/2015 at 9:30 AM in Albany before Magistrate Judge David E. Peebles. This jury trial is expected to last approximately 5 days. All parties must appear on the trial date READY to proceed. The parties are directed to refer to Local Rule 47.3. If ANY technology is needed for this trial, counsel must notify Shelly Muller, CRD to Magistrate Judge Peebles, IMMEDIATELY in order to accommodate this request and to set up a time and day to test this equipment prior to the date of trial. Any motions in limine must be filed on or before January 9, 2015. Any responses to such motions must be filed by January 16, 2015. Oral argument regarding any motions in limine will thereafter be set by the court and most likely be heard before the start of trial on January 26, 2015. Counsel for each party must electronically file their pretrial submissions with the court on or before January 9, 2015. Please read carefully the attached information before filing your pretrial submissions with the Court.(sal, ) |
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Filing 107
ORDER FOR TELEPHONE SETTLEMENT CONFERENCE: ORDERED the arrangement and participation of Frank J. Povoski, Jr. (05-B-2531) on Wednesday, October 1, 2014 at 9:00 a.m. for a telephone settlement conference to be conducted by Magistrate Judge Christian F. Hummel. The Assistant Attorney General, Richard Lombardo, is directed to appear IN PERSON at the James T. Foley Courthouse. Signed by Magistrate Judge Christian F. Hummel on 9/24/14. (served by regular mail on plaintiff; faxed to facility)(alh, )
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| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Final Pretrial Conference held on 9/23/2014. Judge discusses the status of settlement negotiatons with the parties. This case is unable to be resolved at this time, however, Judge Peebles believes it may be beneficial for the plaintiff and counsel to discuss settlement further w/ Magistrate Judge Hummel who previously handled the mediation in this action. Since Judge Peebles is now the presiding trial judge in this case, the settlement discussions must be handled by another judge. The court will notify the parties when a further conference regarding settlement can be scheduled before Magistrate Judge Hummel. If this case is unable to be resolved, Judge Peebles has set the jury trial in this matter for January 26, 2015 at 9:30 AM in Albany, NY. This jury trial is expected to last approximately 5 days. Pretrial submissions are due to be filed on or before January 9, 2015. APP: Jason Poplaski, Esq., Richard Lombardo, Esq. and David Roberts, Esq.. Time: 4:00 PM - 4:13 PM. (Served plaintiff by regular mail). (sal, ) |
| Filing 106 NOTICE of Appearance by Jason F. Poplaski on behalf of Frank J. Povoski, Jr (Attachments: #1 Certificate of Service)(Poplaski, Jason) |
| Set/Reset Hearings: A Telephone Conference is set for 9/23/2014 at 4:00 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal, ) |
| TEXT Minute Entry for telephone conference held before Magistrate Judge David E. Peebles on 8/29/14. Parties discussed settlement. Plaintiff is considering monetary offer made contingent, however, on certain conditions. Plaintiff is submitting to his counsel in writing what those conditions are. MJ Peebles scheduled the next telephone conference for 9/23/14 at 4:00 p.m. (defendant to initiate the call). APP. Jason F. Poplaski, Esq., Richard Lombardo, Esq., and David Roberts, Esq. (cam, ) |
| Filing 105 CONSENT to Jurisdiction by US Magistrate Judge by Michael Giambruno, Frank J. Povoski, Jr, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, David Trudeau, James Tyler, Thomas Wood. Case reassigned to Magistrate Judge David E. Peebles. Signed by United States District Judge David N. Hurd on 8/27/14. (served on non-ecf party by regular mail) (alh, ) |
| Set/Reset Hearings: Due to a conflict in MJ Peebles, the scheduled telephone conference for 8/29/14 at 11:00 am has been rescheduled to 8/29/14 at 9:30 am before MJ Peebles. Defendants' counsel will initiate the call. (cam, ) |
| Filing 104 STIPULATION consenting to jurisdiction by a USMJ by Dr. Berggren, Kelly Bonner, Keith Bushey, James Cooper, Michael Giambruno, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, James Tyler, Thomas Wood submitted to Judge Hurd. (Lombardo, Richard) |
| Filing 103 NOTICE of Appearance by Jason F. Poplaski on behalf of Frank J. Povoski, Jr (Attachments: #1 Certificate of Service)(Poplaski, Jason) |
| Set/Reset Hearings: Due to a conflict with Magistrate Judge Peebles' schedule, the Final Pretrial Telephone Conference set for 8/25/2014 is rescheduled for 8/28/2014 at 11:00 AM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers. (sal, ) |
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Filing 102
ORDER Appointing Pro Bono Counsel: Attorney Jason F. Poplaski for Frank J. Povoski, Jr appointed as TRIAL COUNSEL. Discovery in the action is closed, and no pretrial dispositive motions may be filed absent permission from the court. Any appeal shall remain the responsibility of the plaintiff alone unless a motion for appointment of counsel for an appeal is granted. A conference will be held by telephone with counsel for all parties on August 25, 2014 at 3:00 PM. Defendants' counsel is directed to make arrangements for initiating the call. At the conclusion of Pro Bono representation, counsel may access the fillable Pro Bono Fund Voucher Request for Reimbursement Form using the following link: http://www.nynd.uscourts.gov/sites/nynd/files/forms/ProBonoVoucherForm_mtdFILLABLE.pdf. Signed by Magistrate Judge David E. Peebles on 8/7/14. (Attachments: #1 Pro Bono Voucher Form). (Served plaintiff by regular mail). (sal, )
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| Set Hearings: A Final Pretrial Telephone Conference is set for 8/25/2014 at 3:00 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers. (sal, ) |
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Filing 101
TEXT ORDER REMOVING CASE FROM PRISONER MEDIATION PROGRAM: The above-entitled action was entered into the Northern District of New York Prisoner Mediation Program; and a mediation session was conducted on July 17, 2014. The case did not settle and no further session or follow-up is contemplated at this time, it is now therefore, Ordered, that this case is removed from the Prisoner Mediation Program. Authorized by Magistrate Judge Christian F. Hummel on 7/23/2014. (ptm) (Copy served on plaintiff by regular mail)
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| Filing 100 Letter from Frank J. Povoski, Jr. dated 6/30/14 requesting the pro se handbook and local rules. (served on plaintiff by regular mail) (alh, ) |
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Filing 99
ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM: Pursuant to the Order of this Court dated June 24, 2014, FRANK J. POVOSKI, Jr. DIN 05-B-2531 plaintiff in the above entitled actions, has been directed to be made available on Thursday, July 17, 2014 at 11:00AM in The United States Courthouse at Albany, New York, for the purpose of attending a mediation hearing before the Hon. Christian F. Hummel, United States Magistrate Judge. It is the understanding of the Court that the above named plaintiff is presently incarcerated at the Great Meadow Correctional Facility, and that it is necessary that a Writ of Habeas Corpus Ad Testificandum be issued for the purpose of securing his presence at said proceeding. (ptm) (Copy served on plaintiff by regular mail: Original and email copy to Great Meadow CF, Attention: IRC)
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Filing 98
ORDER REFERRING CASE TO PRISONER MEDIATION PROGRAM: Plaintiff, FRANK J. POVOSKI, Jr. DIN 05-B-2531 a New York prisoner confined at Great Meadow Correctional Facility filed these pro se civil rights complaints pursuant to 42 USC 1983. Good cause appearing, 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 11:00am 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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| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Final Pretrial Telephone Conference held on 4/11/2014. Case is deemed trial ready. All of the events alleged by the plaintiff took place at Clinton Correctional Facility. The jury trial most likely will be held in Albany, since this is closer to Clinton Correctional Facility. Plaintiff requests the appointment of counsel, however, he indicates that he has contacted Kevin Luibrand, Esq. regarding this matter and may retain him as counsel. Judge gives the plaintiff thirty days to secure counsel. If a notice of appearance is not filed by counsel on or before 5/12/2014, then the court will appoint pro bono counsel for the plaintiff. Once counsel appears in this action for the plaintiff, then a follow-up telephone conference will be conducted with counsel to set a pretrial submission deadline in this action. APP: Frank Povoski, pro se and Richard Lombardo, AAG. Time: 2:30 PM - 2:45 PM. (Served plaintiff by regular mail). (sal, ) |
| TEXT NOTICE of Hearing: A Final Pretrial Telephone Conference is set for 4/11/2014 at 2:00 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers and is directed to make arrangements with Great Meadow Correctional Facility to confirm this call will take place. (Served plaintiff by regular mail). (sal, ) |
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Filing 97
DECISION AND ORDER: The #93 Report-Recommendation is accepted and adopted as modified herein. ORDERED, that Defendants' #74 Motion for Summary Judgment is GRANTED in part and DENIED in part. ORDERED, that Plaintiff's deliberate medical indifference, mail interference, and denial of access to the court causes of action, as well as his failure to intervene claims against defendants Brian Fischer and Dale Artus are DISMISSED. ORDERED, that Plaintiff's (1) excessive force claims arising out of the alleged assaults on January 31, 2008; February 12, 2008; and February 13, 2008 as against defendants Randal Smith; John Reyell; Todd Strack; Thomas Wood; James Cooper; James Tyler; Michael Giambruno; Keith Bushey; David Trudeau; and Richard Rendle remain for trial; and (2) plaintiff's failure to intervene claims as against defendants Kelly Bonner and Dr. Berggren remain for trial. ORDERED, that Count 2 including plaintiff's claims of assault, battery, and intentional and negligent infliction of emotional distress are DISMISSED. ORDERED, that Defendant Scott Drollette is DISMISSED from the action based upon the court's prior decision. Signed by Judge David N. Hurd on 3/28/14. (served on plaintiff by regular mail) (alh, )
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| Filing 96 OBJECTION to #93 Report and Recommendations by Keith Bushey, James Cooper, Michael Giambruno, Richard Rendle, John Reyelle, Randal Smith, Todd Strack, David Trudeau, James Tyler, Jerry Wood, Thomas Wood. (Attachments: #1 Appendix Marshall v. Mclaughlin, #2 Appendix Wells Fargo Bank v. Sinnott, #3 Declaration of service)(Lombardo, Richard) |
| Filing 95 NOTICE of Appearance by Richard Lombardo on behalf of Scott Drollette (Lombardo, Richard) |
| Filing 94 NOTICE of Appearance by Richard Lombardo on behalf of William Allan, Dale Artus, Robert Ayotte, Dawn Badger, Heath Baker, Rebecca Bentley, Dr. Berggren, William Bisso, Kelly Bonner, Jody Boulrice, Keith Bushey, Melody Cayea, Daniel Clancy, Lisa Clemons, James Cooper, Scott Defayette, Ronald DuPree, Brian Fischer, Michael Giambruno, Mary Gillen, Robert Harden, Kevin Hicks, Vonda Johnson, Amber Lashway, Kang Lee, Margaret Livsey, Leeward Macey, Jill Perry, Richard Rendle, John Reyelle, Bruce Shutts, Jane Smith, John Smith, Randal Smith, Todd Strack, Jamie Stuart, Shawn Terry, David Trudeau, James Tyler, Darlene Waldron, J. Waldron, Jerry Wood, Thomas Wood (Lombardo, Richard) |
| Filing 93 REPORT AND RECOMMENDATION: RECOMMENDED, that defendants' motion for summary judgment (Dkt. No. #74 ) be GRANTED, in part, and that plaintiff's deliberate medical indifference, mail interference, and denial of access to the court causes of action, as well as his failure to intervene claims against defendants Fischer and Artus, be dismissed, leaving plaintiff's (1) excessive force and pendent common law claims arising out of the alleged assaults on January 31, 2008, February 12, 2008, and February 13, 2008, as against defendants Randal Smith, Reyell, Strack, Wood, Cooper, Tyler, Giambruno, Bushey, D. Trudeau, and Rendle; and (2) plaintiff's failure to intervene claims as against defendants Bonner and Berggren pending for trial. RECOMMENDED, that defendant Drollette be dismissed from the action based upon the court's prior decision. Objections to R&R due by 2/28/2014 Case Review Deadline 3/4/2014. Signed by Magistrate Judge David E. Peebles on 2/11/14. (served on plaintiff by regular mail)(alh, ) |
| Filing 92 Copy of Letter dated 9/30/2013 from NYS Supreme Court Appellate Division, Fourth Department to Frank Povoski, Jr.. (sal, ) |
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Filing 91
TEXT ORDER: Plaintiff previously filed a Response #88 in opposition to defendants' Motion #74 for summary judgment which included an Exhibit H in black and white format. By Letter Motion (Dkt. No. #89 ), plaintiff now submits a color copy of Exhibit H and requests that it be filed in place of the black and white copy previously attached to his Response #88 . Plaintiff's Letter Motion #89 is GRANTED. The Clerk is directed to substitute plaintiff's color copy of Exhibit H (Dkt. No. 89-1, pages 3-15) in place of the black and white copy (Dkt. No. 88-1, pages 62-74). Authorized by Magistrate Judge David E. Peebles on 10/2/13. (served on plaintiff by regular mail) (alh, )
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| Filing 90 AFFIDAVIT of Service for #88 Response to Motion for Summary Judgment served on Brian Hickey, AAG on 8/21/13, filed by Frank J. Povoski, Jr. (alh, ) |
| Filing 89 Letter Motion from Frank J. Povoski, Jr. requesting substitution of Exhibit H in plaintiff's response in opposition to the pending Motion for Summary Judgment. (Attachments: #1 Exhibit H - Color Copy, #2 Letter and Exhibits sent to the Appellate Division, Fourth Department, #3 Affidavit of Service)(alh, ) |
| Filing 88 RESPONSE in Opposition re #74 MOTION for Summary Judgment, filed by Frank J. Povoski, Jr. (Attachments: #1 Exhibit(s))(alh, ) (Attachment 1 replaced per Text Order of 10/2/13) (alh, ). |
| Filing 87 Letter from Frank J. Povoski, Jr. dated 7/17/13 regarding the status of his extension request. (updated docket served on plaintiff by regular mail) (alh, ) |
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Filing 86
TEXT ORDER granting plaintiff's #85 Letter Request for an extension of time to file his response to the pending #74 MOTION for Summary Judgment until 8/21/13. This is a FINAL EXTENSION of this deadline. Defendants' Reply to the Response to Motion is due by 8/28/2013. Authorized by Magistrate Judge David E. Peebles on 7/17/13. (Served plaintiff by regular mail). (sal, )
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| Filing 85 Letter Motion from Frank J. Povoski, Jr. requesting a 30 day extension to file his response to the pending motion for summary judgment. (alh, ) |
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Filing 84
TEXT ORDER regarding plaintiff's #83 Letter Request: Plaintiff is granted an extension to file his response to the pending #74 MOTION for Summary Judgment until 7/22/13. Reply to Response to Motion due by 7/29/2013.Authorized by Magistrate Judge David E. Peebles on 6/6/13. (served on plaintiff by regular mail) (alh, )
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| Filing 83 Letter Motion from Frank J. Povoski, Jr. requesting a 75 day extension to file his response to the pending motion for summary judgment. (alh, ) |
| Filing 82 ***SEALED DOCUMENT: Exhibit K in support of defendants' #74 motion for summary judgment filed under seal. (sal, ) Modified on 5/30/2013 with correct image(alh, ). |
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Filing 81
TEXT ORDER granting #80 Letter Request to file Exhibit K in support of defendants' #74 motion for summary judgment under seal. The Clerk is directed to file this exhibit under seal with the court. Authorized by Magistrate Judge David E. Peebles on 5/24/13. (Served plaintiff by regular mail). (sal, )
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| Filing 80 Letter Motion from Kevin P. Hickey for Dr. Berggren, Kelly Bonner requesting permission to file Exh. K from motion for summary judgment under seal submitted to Judge Peebles . (Attachments: #1 Declaration of service on pro se litigant)(Hickey, Kevin) |
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Filing 79
TEXT ORDER denying #78 Letter Request. Plaintiff must be provided with a copy of his records from the Office of Mental Health. Defendants may apply for an order permitting the exhibits to be filed under seal in support of the motion for summary judgment, but can not submit such records for in camera inspection. Authorized by Magistrate Judge David E. Peebles on 5/22/13. (Served plaintiff by regular mail). (sal, )
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| Filing 78 Letter Motion from Kevin P. Hickey for Dr. Berggren, Kelly Bonner requesting permission to file Exh. K via traditional means and for in camera inspection, only submitted to Judge Peebles . (Hickey, Kevin) |
| Filing 77 NOTICE to plaintiff of his response date of 6/7/13 re #74 MOTION for Summary Judgment. (Attachments: #1 Notification of Consequences of Failure to Respond) (served on plaintiff by regular mail)(alh, ) |
| Filing 76 CERTIFICATE OF SERVICE by William Allan, Dale Artus, Robert Ayotte, Dawn Badger, Heath Baker, Rebecca Bentley, Dr. Berggren, William Bisso, Kelly Bonner, Keith Bushey, Melody Cayea, Daniel Clancy, Lisa Clemons, James Cooper, Scott Defayette, Scott Drollette, Ronald DuPree, Brian Fischer, Michael Giambruno, Mary Gillen, Robert Harden, Kevin Hicks, Vonda Johnson, Amber Lashway, Kang Lee, Margaret Livsey, Leeward Macey, Jill Perry, Richard Rendle, John Reyelle, Bruce Shutts, Jane Smith, John Smith, Randal Smith, Todd Strack, Jamie Stuart, Shawn Terry, David Trudeau, James Tyler, Darlene Waldron, J. Waldron, Jerry Wood, Thomas Wood re #74 MOTION for Summary Judgment , #75 Medical Records filed (Hickey, Kevin) |
| Filing 75 Medical Records filed by Dr. Berggren, Kelly Bonner. (Attachments: #1 Declaration service on pro se litigant (as a Exhibit "M" with motion for summary judgment))(Hickey, Kevin) |
| Filing 74 MOTION for Summary Judgment Motion Hearing set for 7/12/2013 09:30 AM in Utica before Judge David N. Hurd Response to Motion due by 6/25/2013 Reply to Response to Motion due by 7/1/2013. filed by William Allan, Dale Artus, Robert Ayotte, Dawn Badger, Heath Baker, Rebecca Bentley, Dr. Berggren, William Bisso, Kelly Bonner, Keith Bushey, Melody Cayea, Daniel Clancy, Lisa Clemons, James Cooper, Scott Defayette, Scott Drollette, Ronald DuPree, Brian Fischer, Michael Giambruno, Mary Gillen, Robert Harden, Kevin Hicks, Vonda Johnson, Amber Lashway, Kang Lee, Margaret Livsey, Leeward Macey, Jill Perry, Richard Rendle, John Reyelle, Bruce Shutts, Jane Smith, John Smith, Randal Smith, Todd Strack, Jamie Stuart, Shawn Terry, David Trudeau, James Tyler, Darlene Waldron, J. Waldron, Jerry Wood, Thomas Wood. (Attachments: #1 Exhibit(s) to Notice of Motion, Consequences of failure to respond, #2 Statement of Material Facts, #3 Memorandum of Law, #4 Declaration Kevin P. Hickey, Esq., #5 Declaration Jeffrey Hale, #6 Declaration Jean Berggren, M.D., #7 Declaration Kelly Bonner, #8 Exhibit(s) Exhibit A, #9 Exhibit(s) Exhibit B, #10 Exhibit(s) Exhibit C, #11 Exhibit(s) Exhibit D, #12 Exhibit(s) Exhibit E, #13 Exhibit(s) Exhibit F, #14 Exhibit(s) Exhibit G, #15 Exhibit(s) Exhibit H, #16 Exhibit(s) Exhibit I, #17 Exhibit(s) Exhibit J, #18 Exhibit(s) Exhibit K, #19 Exhibit(s) Exhibit L, #20 Exhibit(s) Exhibit M, #21 Exhibit(s) Exhibit N, #22 Exhibit(s) Exhibit O, #23 Transcript Exhibit P (Plaintiff's deposition)) (Hickey, Kevin) |
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Filing 73
TEXT ORDER granting #72 Letter Request, Defendants are granted permission to file a memorandum of law not to exceed 35 pages. Authorized by Magistrate Judge David E. Peebles on 5/21/13. (served on plaintiff by regular mail) (alh, )
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| Filing 72 Letter Motion from Kevin P. Hickey for William Allan, Dale Artus, Robert Ayotte, Dawn Badger, Heath Baker, Rebecca Bentley, Dr. Berggren, William Bisso, Kelly Bonner, Jody Boulrice, Keith Bushey, Melody Cayea, Daniel Clancy, Lisa Clemons, James Cooper, Scott Defayette, Scott Drollette, Curtis Drown, Ronald DuPree, Brian Fischer, Michael Giambruno, Mary Gillen, Robert Harden, Kevin Hicks, Vonda Johnson, Amber Lashway, Kang Lee, Margaret Livsey, Leeward Macey, Jill Perry, Richard Rendle, John Reyelle, Bruce Shutts, Jane Smith, John Smith, Randal Smith, Todd Strack, Jamie Stuart, Shawn Terry, David Trudeau, James Tyler, Darlene Waldron, J. Waldron, Jerry Wood, Thomas Wood requesting permission to file a memorandum of law not to exceed 35 pages instead of 25 pages submitted to Judge Peebles . (Hickey, Kevin) |
| TEXT RE-NOTICE on #74 MOTION for Summary Judgment: Motion is ON SUBMISSION ONLY before Magistrate Judge David E. Peebles returnable on 6/24/13. Response to Motion due by 6/7/2013. Reply to Response to Motion due by 6/13/2013. (served on plaintiff by regular mail)(alh, ) |
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Filing 71
TEXT ORDER: Plaintiff's letter motion #70 requesting an extension of the discovery deadline and the dispositive motion filing deadline is DENIED. The discovery deadline expired on January 31, 2013. A final extension of the dispositive motion filing deadline, until May 21, 2013, was set on April 24, 2013. The Clerk shall send plaintiff a copy of the docket report. Authorized by Magistrate Judge David E. Peebles on 5/3/13. (served on plaintiff by regular mail with updated docket report) (alh, )
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| Filing 70 Letter Motion from Frank J. Povoski, Jr. requesting a 2 month extension of the dispositive motion filing deadline so that he may complete discovery. (alh, ) |
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Filing 69
TEXT ORDER: Defendants' request #68 to reset the dispositive motion filing deadline until May 21, 2013, is GRANTED. This extension is FINAL absent good cause shown. Authorized by Magistrate Judge David E. Peebles on 4/24/13. (served on plaintiff by regular mail) (alh, )
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| Filing 68 Letter Request/ Letter Motion from Kevin P. Hickey on behalf of defendants for William Allan, Dale Artus, Robert Ayotte, Dawn Badger, Heath Baker, Rebecca Bentley, Dr. Berggren, William Bisso, Kelly Bonner, Jody Boulrice, Keith Bushey, Melody Cayea, Daniel Clancy, Lisa Clemons, James Cooper, Scott Defayette, Scott Drollette, Ronald DuPree, Brian Fischer, Michael Giambruno, Mary Gillen, Robert Harden, Kevin Hicks, Vonda Johnson, Amber Lashway, Margaret Livsey, Leeward Macey, Jill Perry, Richard Rendle, John Reyelle, Bruce Shutts, John Smith, Randal Smith, Todd Strack, Jamie Stuart, Shawn Terry, David Trudeau, James Tyler, Darlene Waldron, J. Waldron, Jerry Wood, Thomas Wood requesting Three week extension of summary judgment motion deadline submitted to Judge Peebles . (Attachments: #1 Declaration of service on pro se litigant)(Hickey, Kevin) |
| Filing 67 Copy of correspondence from Frank J. Povoski Jr. to Brian P. Hickey, Esq. dated 2/18/13. (alh, ) |
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Filing 66
ORDER granting #65 Letter Request, Pretrial deadlines are reset as follows: Discovery due by 1/31/2013. Dispositive Motions to be filed by 4/30/2013. Authorized by Magistrate Judge David E. Peebles on 12/6/12. {order served via regular mail on plaintiff}(nas)
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| Filing 65 Letter Motion from Kevin P. Hickey for William Allan, Dale Artus, Robert Ayotte, Dawn Badger, Heath Baker, Rebecca Bentley, Dr. Berggren, William Bisso, Kelly Bonner, Jody Boulrice, Keith Bushey, Daniel Clancy, Lisa Clemons, James Cooper, Scott Defayette, Scott Drollette, Ronald DuPree, Brian Fischer, Michael Giambruno, Mary Gillen, Robert Harden, Kevin Hicks, Vonda Johnson, Amber Lashway, Kang Lee, Margaret Livsey, Leeward Macey, Jill Perry, Richard Rendle, John Reyelle, Bruce Shutts, Jane Smith, John Smith, Todd Strack, Jamie Stuart, Shawn Terry, David Trudeau, James Tyler, Darlene Waldron, J. Waldron, Jerry Wood, Thomas Wood requesting Extension of time to finalize discovery and file dispositive motions submitted to Judge Peebles . (Attachments: #1 Declaration of service on pro se litigant)(Hickey, Kevin) |
| Filing 64 Letter Motion from Kevin P. Hickey for William Allan, Dale Artus, Robert Ayotte, Dawn Badger, Heath Baker, Rebecca Bentley, Dr. Berggren, William Bisso, Kelly Bonner, Jody Boulrice, Keith Bushey, Melody Cayea, Daniel Clancy, Lisa Clemons, James Cooper, Scott Defayette, Scott Drollette, Ronald DuPree, Brian Fischer, Michael Giambruno, Mary Gillen, Robert Harden, Kevin Hicks, Vonda Johnson, Amber Lashway, Kang Lee, Margaret Livsey, Leeward Macey, Jill Perry, Richard Rendle, John Reyelle, Bruce Shutts, Jane Smith, John Smith, Randal Smith, Todd Strack, Jamie Stuart, Shawn Terry, David Trudeau, James Tyler, Darlene Waldron, J. Waldron, Jerry Wood, Thomas Wood requesting Extension of Discovery Deadline submitted to Judge Peebles . (Attachments: #1 Declaration Service)(Hickey, Kevin) |
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TEXT ORDER regarding #64 Letter Motion: Request is GRANTED, discovery shall be completed no later than 12/7/12. The dispositive motion filing deadline is reset to 3/7/13. Authorized by Magistrate Judge David E. Peebles on 9/13/12. (served on plaintiff by regular mail) (alh, )
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TEXT ORDER : Plaintiff is ordered not to communicate directly with employees of the clerks office for the Northern District of New York or the chambers of any judicial officer of this district. Any and all communications with the court by plaintiff shall be in writing, addressed to the clerk of the court with an affidavit or certification that he has served the same on opposing counsel. See L.R. 5.1(a) ("All pleadings and other papers shall be served and filed in accordance with the Federal Rules of Civil Procedure and shall be in the form prescribed by L.R. 10.1. The party or its designee shall declare, by affidavit or certification, that it has provided all other parties in the action with all documents it has filed with the Court."). The Clerk's Office shall not forward copies of plaintiff's submission(s) to opposing counsel. All future submissions to the Court must contain such an affidavit or certification. Authorized by Magistrate Judge David E. Peebles on 6/5/12. (Served plaintiff by regular mail). (sal, )
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| Filing 63 Letter from Frank J. Povoski, Jr. dated 5/30/12. (alh, ) |
| Plaintiff's location updated to Great Meadow Correctional Facility per filing in 9:11-cv-1289. (alh, ) |
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Filing 62
MANDATORY PRETRIAL DISCOVERY AND SCHEDULING ORDER: Discovery due by 9/21/2012. Motions to be filed by 12/21/2012. Signed by Magistrate Judge David E. Peebles on 5/25/12. (Served plaintiff by regular mail). (sal, )
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| Filing 61 ANSWER to #1 Complaint,,,, by William Allan, Dale Artus, Robert Ayotte, Dawn Badger, Heath Baker, Rebecca Bentley, Dr. Berggren, William Bisso, Kelly Bonner, Jody Boulrice, Keith Bushey, Melody Cayea, Daniel Clancy, Lisa Clemons, James Cooper, Scott Defayette, Scott Drollette, Ronald DuPree, Brian Fischer, Michael Giambruno, Mary Gillen, Robert Harden, Kevin Hicks, Vonda Johnson, Amber Lashway, Kang Lee, Margaret Livsey, Leeward Macey, Jill Perry, Richard Rendle, John Reyelle, Bruce Shutts, Jane Smith, John Smith, Randal Smith, Todd Strack, Jamie Stuart, Shawn Terry, Robert Trudeau, James Tyler, Darlene Waldron, J. Waldron, Jerry Wood, Thomas Wood. (Attachments: #1 Declaration of Service)(Hickey, Kevin) |
| Filing 60 ACKNOWLEDGMENT OF SERVICE Executed as to Scott Drollette served on 5/7/2012, answer due 5/29/2012. (alh, ) |
| Filing 59 Letter Motion from Kevin P. Hickey for William Allan, David Amodio, Dale Artus, Scott Ashline, Robert Ayotte, Dawn Badger, Heath Baker, Rebecca Bentley, Dr. Berggren, William Bisso, Kelly Bonner, Jody Boulrice, Tara Brousseau, Keith Bushey, R. Carine, Melody Cayea, Daniel Clancy, Lisa Clemons, James Cooper, John Crusie, Scott Defayette, Scott Drollette, Curtis Drown, Ronald DuPree, James Facteau, Brian Fischer, Richard Florentine, Raymond Furnia, Stanley Garman, Michael Giambruno, Mary Gillen, Robert Harden, Kevin Hart, D. Henderson, Harry Hetrick, Kevin Hicks, Vonda Johnson, Brian Kelly, J. LaMora, Randy LaMora, L. LaPine, Thomas LaValley, S. Lacy, Amber Lashway, Kang Lee, Margaret Livsey, Leeward Macey, Richard Mahuta, John Miller, Jason Pelkey, Jill Perry, Frank J. Povoski, Jr, Richard Rendle, John Reyelle, Bruce Shutts, Jane Smith, John Smith, Randal Smith, Todd Strack, Ken Strader, Casey Strong, Jamie Stuart, George Tamer, Shawn Terry, David Trudeau, Robert Trudeau, James Tyler, Donald Uhler, Darlene Waldron, J. Waldron, C. Wenderlich, Jerry Wood, Thomas Wood, Richard Young requesting Extension of time to answer or move submitted to Judge Peebles . (Attachments: #1 Declaration of Service on Pro Se Inmate)(Hickey, Kevin) |
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TEXT ORDER granting #59 Letter Request, the following defendants are granted an extension until 5/25/12 to file their answer or responsive motion; Dale Artus, Robert Ayotte, Dawn Badger, Heath Baker, Rebecca Bentley, Dr. Berggren, William Bisso, Kelly Bonner, Keith Bushey, Jody Boulrice, Melody Cayea, Daniel Clancy, Lisa Clemons, James Cooper, Scott Defayette, Ronald Dupree, Brian Fischer, Michael Giambruno, Mary Gillen, Robert Harden, Kevin Hicks, Vonda Johnson, Amber Lashway, Kang Lee, Margaret Livsey, Leeward Macey, Jill Perry, Richard Rendle, John Reyelle, Bruce Shutts, Randal Smith, Todd Strack, Jamie Stuart, Shawn Terry, David Trudeau, James Tyler, Darlene Waldron, J. Waldron, Jerry Wood, Thomas Wood. Authorized by Magistrate Judge David E. Peebles on 4/17/12. (served on plaintiff by regular mail) (alh, )
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| Filing 58 Summons Reissued as to Scott Drollette. (alh, ) |
| Filing 57 BILL OF COSTS submitted by the US Marshals Service to recover costs of service in the amount of $336.00. (alh, ) |
| Filing 56 ACKNOWLEDGMENT OF SERVICE Executed as to Kelly Bonner served on 3/22/2012, answer due 4/12/2012. (alh, ) |
| Filing 55 Summons Returned Unexecuted as to Dale Artus, Scott Drollette. (alh, ) |
| Filing 54 ACKNOWLEDGMENT OF SERVICE Executed as to James Cooper served on 3/16/2012, answer due 4/6/2012. (alh, ) |
| Filing 53 ACKNOWLEDGMENT OF SERVICE Executed as to James Tyler served on 3/16/2012, answer due 4/6/2012. (alh, ) |
| Filing 52 ACKNOWLEDGMENT OF SERVICE Executed as to Robert Ayotte served on 3/16/2012, answer due 4/6/2012. (alh, ) |
| Filing 51 ACKNOWLEDGMENT OF SERVICE Executed as to Darlene Waldron served on 3/16/2012, answer due 4/6/2012. (alh, ) |
| Filing 50 ACKNOWLEDGMENT OF SERVICE Executed as to Jerry Wood served on 3/16/2012, answer due 4/6/2012. (alh, ) |
| Filing 49 Letter Motion from Kevin P. Hickey for Rebecca Bentley requesting Extension of time to answer submitted to Judge Peebles . (Attachments: #1 Declaration of Service)(Hickey, Kevin) |
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TEXT ORDER regarding #49 Letter Request: Defendants Rebecca Bentley, William Bisso, Jody Boulrice, Lisa Clemons, Kevin Hicks, Amber Lashway, Shawn Terry, J. Waldron and Thomas Wood are granted an extension of time until 4/17/12 to Answer the Complaint or move for relief. Authorized by Magistrate Judge David E. Peebles on 3/19/12. (served on plaintiff by regular mail) (alh, )
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| Filing 48 ACKNOWLEDGMENT OF SERVICE Executed as to Shawn Terry served on 3/2/2012, answer due 3/23/2012. (alh, ) |
| Filing 47 ACKNOWLEDGMENT OF SERVICE Executed as to Jody Boulrice served on 2/29/2012, answer due 3/21/2012.(alh, ) |
| Filing 46 ACKNOWLEDGMENT OF SERVICE Executed as to Thomas Wood served on 2/24/2012, answer due 3/16/2012. (alh, ) |
| Filing 45 ACKNOWLEDGMENT OF SERVICE Executed as to Rebecca Bentley served on 2/22/2012, answer due 3/14/2012. (alh, ) |
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TEXT ORDER: Plaintiff previously advised the Court by letter #10 that he does not intend to serve defendants William Allen or the unknown defendants Jane Smith and John Smith. In light of the foregoing, by Text Order filed January 20, 2012, plaintiff was directed to advise the Court within thirty days of the January 20, 2012 Text Order whether he wished to voluntarily dismiss defendants William Allen, Jane Smith, and John Smith from this action. Plaintiff has not complied with the January 20, 2012, Text Order. In light of his pro se status, plaintiff is granted an extension of time to do so. Plaintiff must, on or before March 23, 2012, advise the Court if he wishes to voluntarily dismiss defendants William Allen, Jane Smith, and John Smith from this action without prejudice. Authorized by Magistrate Judge David E. Peebles on 2/28/12. (served on plaintiff by regular mail)(alh, )
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| Filing 44 ACKNOWLEDGMENT OF SERVICE Executed as to Dr. Berggren served on 2/24/2012, answer due 3/16/2012. (alh, ) |
| Filing 43 ACKNOWLEDGMENT OF SERVICE Executed as to J. Waldron served on 2/24/2012, answer due 3/16/2012. (alh, ) |
| Filing 42 Summons Reissued as to Kelly Bonner. (alh, ) |
| Filing 41 NOTICE from State of New York, Office of Mental Health that Defendant Kelly Bonner no longer works for their office. (alh, ) |
| Filing 40 ACKNOWLEDGMENT OF SERVICE Executed as to Lisa Clemons served on 2/22/2012, answer due 3/14/2012. (alh, ) |
| Filing 39 ACKNOWLEDGMENT OF SERVICE Executed as to Amber Lashway served on 2/8/2012, answer due 2/29/2012. (alh, ) |
| Filing 38 ACKNOWLEDGMENT OF SERVICE Executed as to William Bisso served on 2/15/2012, answer due 3/7/2012. (alh, ) |
| Filing 37 ACKNOWLEDGMENT OF SERVICE Executed as to Heath Baker served on 2/8/2012, answer due 2/29/2012.(alh, ) |
| Filing 36 ACKNOWLEDGMENT OF SERVICE Executed as to Richard Rendle served on 2/14/2012, answer due 3/6/2012. (alh, ) |
| Filing 35 Letter Supplementing February 13, 2012 Letter Request/ Letter Motion from Kevin P. Hickey for Jamie Stuart requesting Extension of time to answer or move submitted to Judge Peebles . (Attachments: #1 Declaration of Service)(Hickey, Kevin) |
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TEXT ORDER regarding #34 and #35 Letter Requests: Defendants Dale Artus, Dawn Badger, Keith Bushey, Melody Cayea, Daniel Clancy, Scott Defayette, Ronald DuPree, Brian Fischer, Michael Giambruno, Mary Gillen, Robert Harden, Vonda Johnson, Kang Lee, Margaret Livsey, Leeward Macey, Jill Perry, John Reyelle, Bruce Shutts, Randal Smith, Todd Strack, Jamie Stuart, and David Trudeau are granted an extension of time until 4/17/12 to Answer the Complaint or move for relief. Authorized by Magistrate Judge David E. Peebles on 2/16/12. (served on plaintiff by regular mail) (alh, )
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| Filing 34 Letter Request/ Letter Motion from Kevin P. Hickey for William Allan, David Amodio, Dale Artus, Scott Ashline, Robert Ayotte, Dawn Badger, Heath Baker, Rebecca Bentley, Dr. Berggren, William Bisso, Kelly Bonner, Jody Boulrice, Tara Brousseau, Keith Bushey, R. Carine, Melody Cayea, Daniel Clancy, Lisa Clemons, James Cooper, John Crusie, Scott Defayette, Scott Drollette, Curtis Drown, Ronald DuPree, James Facteau, Brian Fischer, Richard Florentine, Raymond Furnia, Stanley Garman, Michael Giambruno, Mary Gillen, Robert Harden, Kevin Hart, D. Henderson, Harry Hetrick, Kevin Hicks, Vonda Johnson, Brian Kelly, J. LaMora, Randy LaMora, L. LaPine, Thomas LaValley, S. Lacy, Amber Lashway, Kang Lee, Margaret Livsey, Leeward Macey, Richard Mahuta, John Miller, Jason Pelkey, Jill Perry, Frank J. Povoski, Jr, Richard Rendle, John Reyelle, Bruce Shutts, Jane Smith, John Smith, Randal Smith, Todd Strack, Ken Strader, Casey Strong, Jamie Stuart, George Tamer, Shawn Terry, David Trudeau, Robert Trudeau, James Tyler, Donald Uhler, Darlene Waldron, J. Waldron, C. Wenderlich, Jerry Wood, Thomas Wood, Richard Young requesting Extension of time to answer or move submitted to Judge Peebles . (Attachments: #1 Declaration of Service)(Hickey, Kevin) |
| Filing 33 ACKNOWLEDGMENT OF SERVICE Executed as to Vonda Johnson served on 2/8/2012, answer due 2/29/2012. (alh, ) |
| Filing 32 ACKNOWLEDGMENT OF SERVICE Executed as to Mary Gillen served on 2/6/2012, answer due 2/27/2012.(alh, ) |
| Filing 31 ACKNOWLEDGMENT OF SERVICE Executed as to Randal Smith served on 2/3/2012, answer due 2/24/2012.(alh, ) |
| Filing 30 ACKNOWLEDGMENT OF SERVICE Executed as to Scott Defayette served on 2/3/2012, answer due 2/24/2012.(alh, ) |
| Filing 29 ACKNOWLEDGMENT OF SERVICE Executed as to Brian Fischer served on 2/2/2012, answer due 2/23/2012. (alh, ) |
| Filing 28 ACKNOWLEDGMENT OF SERVICE Executed as to Todd Strack served on 2/2/2012, answer due 2/23/2012.(alh, ) |
| Filing 27 ACKNOWLEDGMENT OF SERVICE Executed as to John Reyelle served on 2/2/2012, answer due 2/23/2012. (alh, ) |
| Filing 26 ACKNOWLEDGMENT OF SERVICE Executed as to Leeward Macey served on 1/31/2012, answer due 2/21/2012. (alh, ) |
| Filing 25 ACKNOWLEDGMENT OF SERVICE Executed as to Daniel Clancy served on 2/2/2012, answer due 2/23/2012. (alh, ) |
| Filing 24 ACKNOWLEDGMENT OF SERVICE Executed as to Kang Lee served on 2/1/2012, answer due 2/22/2012. (alh, ) |
| Filing 23 ACKNOWLEDGMENT OF SERVICE Executed as to Dawn Badger served on 2/2/2012, answer due 2/23/2012. (alh, ) |
| Filing 22 ACKNOWLEDGMENT OF SERVICE Executed as to Jamie Stuart served on 1/31/2012, answer due 2/21/2012. (alh, ) |
| Filing 21 ACKNOWLEDGMENT OF SERVICE Executed as to Kevin Hicks served on 1/31/2012, answer due 2/21/2012.(alh, ) |
| Filing 20 ACKNOWLEDGMENT OF SERVICE Executed as to Michael Giambruno served on 2/1/2012, answer due 2/22/2012. (alh, ) |
| Filing 19 ACKNOWLEDGMENT OF SERVICE Executed as to Ronald DuPree served on 1/31/2012, answer due 2/21/2012. (alh, ) |
| Filing 18 ACKNOWLEDGMENT OF SERVICE Executed as to Jill Perry served on 1/30/2012, answer due 2/21/2012. (alh, ) |
| Filing 17 ACKNOWLEDGMENT OF SERVICE Executed as to Melody Cayea served on 1/31/2012, answer due 2/21/2012. (alh, ) |
| Filing 16 ACKNOWLEDGMENT OF SERVICE Executed as to Bruce Shutts served on 1/30/2012, answer due 2/21/2012.(alh, ) |
| Filing 15 ACKNOWLEDGMENT OF SERVICE Executed as to Margaret Livsey served on 1/30/2012, answer due 2/21/2012. (alh, ) |
| Filing 14 ACKNOWLEDGMENT OF SERVICE Executed as to Keith Bushey served on 1/31/2012, answer due 2/21/2012. (alh, ) |
| Filing 13 ACKNOWLEDGMENT OF SERVICE Executed as to Robert Harden served on 1/31/2012, answer due 2/21/2012. (alh, ) |
| Filing 12 ACKNOWLEDGMENT OF SERVICE Executed as to David Trudeau served on 1/31/2012, answer due 2/21/2012. (alh, ) |
| Filing 11 Summons Issued as to Dale Artus, Robert Ayotte, Dawn Badger, Heath Baker, Rebecca Bentley, Dr. Berggren, William Bisso, Kelly Bonner, Jody Boulrice, Keith Bushey, Melody Cayea, Daniel Clancy, Lisa Clemons, James Cooper, Scott Defayette, Scott Drollette, Ronald DuPree, Brian Fischer, Michael Giambruno, Mary Gillen, Robert Harden, Kevin Hicks, Vonda Johnson, Amber Lashway, Kang Lee, Margaret Livsey, Leeward Macey, Jill Perry, Richard Rendle, John Reyelle, Bruce Shutts, Randal Smith, Todd Strack, Jamie Stuart, Shawn Terry, David Trudeau, James Tyler, Darlene Waldron, J. Waldron, Jerry Wood, Thomas Wood. (served on NYS AG with complaint and the Court's Decision and Order by regular mail) (alh, ) |
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TEXT ORDER: Pursuant to plaintiff's request #10 , the Clerk is directed to correct the docket report to reflect that defendant "N. Waldron" is "J. Waldron". Plaintiff has indicated #10 that he does not intend to serve defendants William Allen or the unknown defendants Jane Smith and John Smith. In light of the foregoing, plaintiff shall advise the Court within thirty days of this Order whether he wishes to voluntarily dismiss defendants William Allen, Jane Smith, and John Smith from this action. Authorized by Magistrate Judge David E. Peebles on 1/20/12. (served on plaintiff by regular mail)(alh, )
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| Filing 10 Letter from Frank J. Povoski, Jr. dated 1/6/12 enclosing copies and USM 285 Forms for service. Plaintiff advises the Court that William Allen and the unknown defendants, Jane and John Smith will not be served and Defendant "N. Waldron" is JoAnne Waldron. (alh, ) |
| Filing fee: $ 350.00, receipt number SYR029997 (sml, ) |
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TEXT ORDER: Plaintiff has submitted for service a typewritten version of his complaint which is virtually identical to the handwritten version originally submitted, but much more legible. Plaintiff advises the Court that the typewritten complaint is a "true and exact copy of the handwritten complaint." The Clerk of the Court is directed to replace plaintiff's handwritten complaint (Dkt. No. #1 ) with the typewritten version of the complaint (Dkt. No. #9 -1). Plaintiff is granted an extension of time until January 18, 2012 to submit the remaining copies of his complaint and USM-285 forms required for service upon the defendants, in accordance with this Court's prior orders. Plaintiff is advised that his failure to comply with this Order and the prior Orders of the Court may result in dismissal of this action. The Clerk shall send plaintiff a copy of his typewritten complaint and a docket report. (Notice of Compliance Deadline 1/18/2012). Authorized by Judge David N. Hurd on 12/20/11. (sfb/alh) (served with a copy of the typewritten complaint and docket report on plaintiff by regular mail)
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| Filing 9 Letter from Frank J. Povoski, Jr. dated 12/9/11 enclosing 10 copies of his complaint for service, advising the Court that the remaining will follow when funds are available. Plaintiff notes his copies are typed and are a "true and exact" copy of his handwritten complaint. (Attachments: #1 Typed Complaint)(alh, ) |
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TEXT ORDER: On 10/13/11 the Court notified plaintiff that 44 copies of his complaint and 44 USM-285 forms were required to effect service on the defendants. Plaintiff has not provided the required documents, nor has he requested additional time in which to do so. In light of plaintiff's pro se status, the deadline for submission of those documents is reset to December 19, 2011. Plaintiff is advised that his failure to comply with this Order may result in the dismissal of this action. Authorized by Judge David N. Hurd on 11/16/11. {text order served via regular mail on plaintiff}(nas)
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| Filing 8 NOTICE to plaintiff regarding documents needed to conduct service on the remaining 44 defendants. Documents to be provided to the Clerk's Office on or before 11/13/11. (served on plaintiff by regular mail with courtesy copy of complaint, 44 USM285 Forms, and an updated docket report) (alh, ) |
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TEXT ORDER: Plaintiff has submitted a motion requesting an extension of time to submit an amended complaint in compliance with the Court's July 15, 2011 Decision and Order. Dkt. No. #7 . Plaintiff may submit such an amended complaint on or before September 30, 2011. To assist plaintiff is preparing his amended complaint, the Clerk is directed to send plaintiff a complimentary copy of his original complaint. Case Review Deadline 9/30/2011. Authorized by Judge David N. Hurd on 8/8/11. (Text Order with copy of complaint served on plaintiff by regular mail)(sfb/alh)
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| Filing 7 Letter Motion from Frank J. Povoski, Jr. requesting an enlargement of time, 90 days, to file amended complaint. (alh, ) |
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Filing 6
DECISION AND ORDER: ORDERED, that plaintiff's #2 Motion for Leave to Proceed in forma pauperis is GRANTED. ORDERED, that Plaintiff's claim that defendants Brousseau, Artus, LaValley, Garman, and Bisso interfered with his ability to file grievances is DISMISSED with prejudice for failure to state a claim. ORDERED, with respect to the claims and/or defendants that have been dismissed without prejudice, as more fully set forth in this Decision and Order, plaintiff may within thirty days of the filing date of this Decision and Order, submit an amended complaint which demonstrates a legal basis for continuing this action as to those claims and/or defendants. ORDERED, that if plaintiff fails to submit an amended complaint within thirty days as set forth, the specific claims and defendants as more fully set forth in this Decision and Order, will be dismissed without prejudice without further order. ORDERED, that if plaintiff fails to submit an amended complaint within thirty days as set forth, summonses shall issue and service conducted on the remaining defendants. Signed by Judge David N. Hurd on 7/13/11. (Decision and Order served on plaintiff by regular mail)(alh, )
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| Provided Superintendent of Clinton Correctional Facility with notice of instant action and a copy of the inmate authorization, copies of same provided to Financial Deputy. (alh, ) |
| Set Deadline: Notice of Compliance for Amended Complaint, Deadline 8/15/2011. (alh, ) |
| Filing 5 Letter from Frank Povoski requesting forms. (Clerk served USM forms with Habeas Corpus filing package on plaintiff by regular mail) (alh, ) |
| Filing 4 Letter from Frank J. Povoski, Jr. concerning his conditions of confinement. (alh) |
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TEXT ORDER: The Clerk shall send plaintiff a copy of the current docket sheet for this action, which reflects the receipt of his recent letter outlining various problems that he is having at Clinton Correctional Facility. (Dkt. No. #4 ). Plaintiff is advised that these issues (including interference with his mail, access to the law library, and denial of typing services) should be addressed through administrative channels at Clinton Correctional Facility and the Department of Correctional Services and, if necessary, by means of a properly filed action. Plaintiff's request that the Court use its "discretion" to call the Superintendent of Clinton Correctional Facility about plaintiff's concerns is denied. Authorized by Magistrate Judge David E. Peebles on 2/25/11. (Text Order and docket sheet served on plaintiff by regular mail)(sfb/alh)
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| Filing 3 INMATE AUTHORIZATION FORM by Frank J. Povoski, Jr. (alh, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Frank J. Povoski, Jr. Motions referred to David E. Peebles. (alh, ) |
| Filing 1 COMPLAINT against William Allan, David Amodio, Dale Artus, Scott Ashline, Robert Ayotte, Dawn Badger, Heath Baker, Rebecca Bentley, Dr. Berggren, William Bisso, Kelly Bonner, Jody Boulrice, Tara Brousseau, Keith Bushey, R. Carine, Melody Cayea, Daniel Clancy, Lisa Clemons, James Cooper, John Crusie, Scott Defayette, Curtis Drown, Ronald DuPree, James Facteau, Brian Fischer, Richard Florentine, Raymond Furnia, Stanley Garman, Michael Giambruno, Mary Gillen, Robert Harden, Kevin Hart, D. Henderson, Harry Hetrick, Kevin Hicks, Vonda Johnson, Brian Kelly, J. LaMora, Randy LaMora, L. LaPine, Thomas LaValley, S. Lacy, Amber Lashway, Kang Lee, Margaret Livsey, Leeward Macey, Richard Mahuta, John Miller, Jason Pelkey, Jill Perry, Richard Rendle, John Reyelle, Bruce Shutts, Jane Smith, Randal Smith, Todd Strack, Ken Strader, Casey Strong, Jamie Stuart, George Tamer, Shawn Terry, David Trudeau, Robert Trudeau, James Tyler, Donald Uhler, Darlene Waldron, N. Waldron, C. Wenderlich, Jerry Wood, Thomas Wood, Richard Young, and Scott Drollette filed by Frank J. Povoski, Jr.(alh, ) (Main Document 1 replaced on 12/20/2011 per Text Order) (alh, ). |
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