White v. Clark et al
| John H. White |
| Jeffrey Clark, Shawn C. Conto, Michael Sisto, Brian LeClair, John B. Stockwell, Joey Dishaw, Marla Travers, Michael Carr, Brian Fournier, Roy Richards, Robert Richards, R. Clintsman, Eric LaBarr, T. Lamica, Jerry Hebert, Caron, David Rock, Donald Uhler, Richard Rakoce, Richard Roy, Brian Fischer, Smith, Christine Gregory, Brandi L. White, Amber Lashway, Paul Gokey, Henry Dobbins, Karen Bellamy, John Doe # 1, John Doe # 2, Jon Orapallo, Michael Lira, Gerald Otis, Matthew Rushford, Theodore Zerniack and John Doe - Z |
| 9:2012cv00986 |
| June 18, 2012 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| Norman A. Mordue |
| Randolph F. Treece |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
373
MEMORANDUM-DECISION AND ORDER: ORDERED that the Report and Recommendation of United States Magistrate Daniel J. Stewart (Dkt. No. 352 ) is adopted and accepted in its entirety. ORDERED that defendants' motion (Dkt. No. 314 ) for summary judgment is granted in part and denied in part. Signed by Senior Judge Norman A. Mordue on 3/31/16.{order served via regular mail on plaintiff} (nas, )
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Filing
222
DECISION and ORDER: ORDERED that plaintiff's motion for preliminary injunctive relief (Dkt. No. 181 ) is DENIED; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on the parties. Signed by Senior Judge Norman A. Mordue on 4/8/2014. (ptm) (Copy served on plaintiff by regular mail)
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Filing
214
ORDER: ORDERED, that Plaintiff's Letter advising the Court that he will not attend his deposition, to the extent it is construed as a request for a protective order (Dkt. No. 213 ), is DENIED; and it is further ORDERED, that Defendants' counsel is permitted to take the deposition of Plaintiff; and it is further ORDERED, that Plaintiff's disagreement with any directives of security staff at the correctional facility is not a ground on which the Plaintiff may refuse to answer questions; and it is further ORDERED, that the failure of Plaintiff to attend, be sworn, and answer questions may result in sanctions pursuant to Rule 37 of the Federal Rules of Civil Procedure, which may include an award for costs associated with the deposition and a recommendation of dismissal of this action. However, valid objections made in good faith to inappropriate questions are permissible; and it is further ORDERED, that in accordance with previous Orders, the Court reminds the p arties that no motions, pleadings, or other documents may be filed without first seeking leave of the Court. All unauthorized filings shall be returned to the filer by the Clerk of the Court without further order from this Court; and it is further ORDERED, that the Clerk of the Court serve a copy of this Order upon the parties inaccordance with the Local Rules. Signed by Magistrate Judge Randolph F. Treece on 2/27/2014. (ptm) (Copy served on plaintiff by regular mail)
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Filing
37
DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. 3 ) is GRANTED. ORDERED that the following defendants and claims are DISMISSED with prejudice for the reasons set forth above: (1) plaintiff's claim that defenda nts Bellamy, Fischer, Gregory, Rock, and White impeded his ability to file grievances; (2) plaintiff's denial-of access- to-the-courts claim based upon interference with his grievances; (3) plaintiff's claim that defendants failed to adequately investigate alleged misconduct; (4) plaintiff's claims that he was verbally harassed and threatened; and (5) defendants Gregory and White; and it is further ORDERED that the following defendants and claims are DISMISSED without pr ejudice for the reasons set forth above: (1) plaintiff's failure-to-protect claims against defendants LaBarr, King, Clintsman, Sergeant Hebert, Lt. Caron, John Doe - Z, Rock, Uhler, Lira, Otis, Smith and Rushford; (2) plaintiff's conspira cy claims; and (3) defendants LaBarr, Clintsman, Hebert, John Doe - Z, Lira, Otis, Bellamy, Fischer, Lamica, Oropallo, Dobbins, Gokey, Rakoce, Zerniak, Roy, John Doe # 1, and John Doe # 2; and it is further ORDERED that the Clerk shall issue sum monses and forward them, along with copies of the complaint, to the United States Marshal for service upon the remaining defendants -- namely Caron, Clark, Stockwell, Richards, Conto, LeClair, Sisto, Dishaw, Carr, King, Fournier, Smith, Rushford , Travers, Lashway, Rock, and Uhler; and it is further ORDERED that a response to the complaint be filed by defendants Caron, Clark, Stockwell, Richards, Conto, LeClair, Sisto, Dishaw, Carr, King, Fournier, Smith, Rushford, Travers, Lashway, Rock , and Uhler, or their counsel as provided for in the Federal Rules of Civil Procedure after service of process on the defendants; and it is further ORDERED that the Clerk strike from the docket report the amended complaints (Dkt. Nos. 12 , 22 , 26 ) for the reasons set forth above; and it is further ORDERED that plaintiff's motions to amend (Dkt. Nos. 7 , 23 , 28 ) are DENIED without prejudice; and it is further ORDERED that plaintiff's motions for preliminary injunctive relief (Dkt. Nos. 2 , 11 ) are DENIED; and it is further ORDERED that plaintiff's motion for default judgment (Dkt. No. 16 ) is DENIED; and it is further ORDERED that plaintiff's motion for various relief, including a hearing and recusal (Dkt. No. 27 ) is DENIED in its entirety. (ptm) (Copy served on plaintiff by regular mail)
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