Fann v. Graham et al
| Jermaine Fann |
| H. Graham, J. Lamanna, Lt. Ouimetto, Sgt. Ederer, M. Cornell, Lovejoy, Stienberg, C. Thomas, R. F. Shramm, Brown and Officer Knight |
| 9:2015cv01339 |
| November 12, 2015 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Cayuga |
| Christian F. Hummel |
| David N. Hurd |
| 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
150
STIPULATION AND ORDER OF DISCONTINUANCE PURSUANT TO RULE 41(A). Signed by Judge David N. Hurd on 10/17/18. {order served via regular mail on plaintiff}(nas, )
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Filing
136
DECISION AND ORDER: The 128 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that 1. Plaintiff's 119 motion for summary judgment is DENIED in its entirety; 2. Defendants' 120 motion for summary j udgment is GRANTED in part and DENIED in part; 3. Plaintiff's supervisory liability claims against defendants Fagan and Graham are DISMISSED with prejudice; 4. Plaintiff's Fourteenth Amendment due process claim against defendant Ouimette i s DISMISSED with prejudice; 5. Plaintiff's Fourth Amendment unreasonable search claims against defendants Cornell and Steinberg are DISMISSED with prejudice; 6. Defendants' motion for summary judgment is DENIED as to plaintiff's Fir st Amendment retaliation claim against defendant Thomas; and 7. Defendants' motion for summary judgment is DENIED without prejudice as to plaintiff's First and Fourth Amendment claims against defendants Cornell, Lovejoy, Schramm, and Ederer for the incidents occurring on July 9, 2015, to defendants renewing this argument and requesting a hearing to assess whether plaintiff exhausted his administrative remedies. Signed by Judge David N. Hurd on 3/19/18. (served on plaintiff by regular and certified mail) (alh, )
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Filing
109
DECISION AND ORDER regarding 61 Motion to Compel: ORDERED that Defendants shall provide further responses to plaintiff's request for the production of documents by December 16, 2016. ORDERED, that the Mandatory Pretrial Discovery and Schedu ling Order filed on March 14, 2016 (Dkt. No. 23) is hereby amended as follows: a. The deadline for the completion of discovery is hereby extended to January 23, 2017. b. The deadline for the filing of dispositive motions is hereby extended to March 13, 2017. Signed by Magistrate Judge Christian F. Hummel on 11/15/16. (served on plaintiff by regular mail) (alh, )
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Filing
99
ORDER: ORDERED that plaintiff's demand for the personnel file of defendant Steinberg is DENIED, as nothing contained within that file is the proper subject of discovery pursuant to the Federal Rules of Civil Procedure. Signed by Magistrate Judge Christian F. Hummel on 10/5/16. (served on plaintiff by regular mail)(alh, )
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Filing
88
ORDER: ORDERED that plaintiff's request for the personnel files of defendants Graham, Ederer, Cornell, Lovejoy, Thomas, and Schramm is DENIED, as nothing contained within those files is a proper subject of discovery pursuant to the Federal Rules of Civil Procedure. Signed by Magistrate Judge Christian F. Hummel on 8/16/16. (served on plaintiff by regular mail)(alh, )
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Filing
59
AMENDED ORDER TO PRODUCE FOR PHONE CONFERENCE: A Discovery Conference has been set for Tuesday, 7/12/2016 @ 12:00 PM in Albany before Magistrate Judge Christian F. Hummel. Plaintiff will be produced by telephone from the Auburn Correctional Facility. Defense Counsel is/are directed to appear for the conference in person. Signed by Magistrate Judge Christian F. Hummel on 6/30/16. (served on facility and plaintiff via regular mail on 6/30/16 by CRD)(alh, )
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Filing
56
DECISION AND ORDER: ORDERED that Plaintiff's motion seeking preliminary injunctive relief (Dkt. No. 37 ) is DENIED. Signed by Judge David N. Hurd on 6/29/16. (served on plaintiff by regular mail) (alh, )
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Filing
34
DECISION AND ORDER: ORDERED that plaintiff's second motion for reconsideration of the December Order (Dkt. No. 28 ) is GRANTED. ORDERED, that the Clerk of the Court shall (i) revise the docket to reflect that Supt. Graham is a defendant in th is action, and (ii) issue an amended summons and forward it to the U.S. Marshal for service of process on defendant Supt. Graham. ORDERED, that Supt. Graham shall respond to plaintiff's Fourth Amendment unreasonable search claims in accordanc e with the Federal Rules of Civil Procedure. ORDERED, that plaintiff's Fourth Amendment unreasonable search claims against Supt. of Security Lamanna are DISMISSED without prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and 28 U.S.C. § 1915A(b)(1). ORDERED, that defendants' request to stay the pretrial deadlines (Dkt. No. 30 ) is DENIED. Signed by Judge David N. Hurd on 5/4/16. (served on plaintiff by regular mail) (alh, )
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Filing
25
DECISION AND ORDER: ORDERED, that plaintiff's motion for reconsideration of the December Order (Dkt. No. 9 ) is GRANTED in part and DENIED in part. ORDERED, that the Clerk shall (i) revise the docket to reflect that C.O. Stienberg is a defend ant in this action, (ii) issue an amended summons, and (iii) forward the amended summons to the U.S. Marshal for service of process on defendant C.O. Stienberg. ORDERED, that defendants C.O. Cornell and C.O. Stienberg shall respond to plaintiff' ;s Fourth Amendment claims arising from the visual body cavity searches conducted on June 3 and July 9, 2015, in accordance with the Federal Rules of Civil Procedure. ORDERED, that plaintiff's claim that C.O. Lovejoy confiscated plaintiff' s legal property in violation of his First Amendment rights is DISMISSED without prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and 28 U.S.C. § 1915A(b)(1). ORDERED, that plaintiff's motions seeking preliminary injunctive relief (Dkt. Nos. 10 , 12 ) are DENIED. Signed by Judge David N. Hurd on 3/30/16. (served on plaintiff by regular mail) (alh, )
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