Zimmerman et al v. Todd et al
| Nicholas Zimmerman |
| T. Todd, Joseph Wolczyk, Harold Graham, Kenneth E. Wosneski, Susan Strickland, Iqbal, Daniel Valla, John Henderson, Norman Bezio, Jennifer l. Bondonaro, Daniel Berns, Widroff, Luis E. Hernandez, Kaplan and Anthony J. Devito |
| 9:2015cv01437 |
| December 3, 2015 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| XX US, Outside State |
| Lawrence E. Kahn |
| David E. Peebles |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
87
JUDGMENT: Entered dismissing the action in accordance with the Decision and Order of the Honorable Lawrence E. Kahn, U.S. District Judge, dated September 27, 2019. (Copy served via regular mail) (rep)
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Filing
77
ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 76 ) is APPROVED and ADOPTED in its entirety. ORDERED, that Plaintiff's Summary Judgment Motion (Dkt. No. 57 ) is DENIED; Defendants' Summary Judgment Motion (Dkt. No. 66 ) is GRANTED; and the Amended Complaint (Dkt. No. 30 ) is DISMISSED in its entirety. Signed by Senior Judge Lawrence E. Kahn on 9/28/18. (served on plaintiff by regular mail) (alh, )
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Filing
42
DECISION AND ORDER: ORDERED, that in accordance with Plaintiff's Peralta Waiver (Dkt. No. 40), the due process claims against defendants Wolczyk, Graham, and Bezio relating to disciplinary sanctions imposed on Plaintiff at the July 2009 discipli nary hearing that affect the duration of his confinement (i.e., the recommended loss of good time) are DISMISSED. ORDERED, that the Clerk of the Court shall issue summonses and forward them to the U.S. Marshal for service ofprocess on the remaining defendants (Todd, Wolczyk, Graham, and Bezio). ORDERED, that the Clerk shall forward a copy of the summons and Amended Complaint (Dkt. No. 30) by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Or der. ORDERED, that Defendants, or their counsel, shall file a response to the Amended Complaint as provided for in the Federal Rules of Civil Procedure. ORDERED, that Plaintiff's Reconsideration Motion (Dkt. No. 41 ) is DENIED. Signed by Senior Judge Lawrence E. Kahn on 10/17/16. (served on plaintiff by regular mail) (alh, )
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Filing
37
DECISION AND ORDER: ORDERED, that Plaintiff's Motion (Dkt. No. 31 ) seeking reconsideration of the January Order is DENIED. ORDERED, that the Amended Complaint (Dkt. No. 30 ) is ACCEPTED for filing insofar as Plaintiff asserts claims on his own behalf arising out of his confinement at Auburn Correctional Facility against defendants Todd, Wolczyk, Graham, Bezio, Wosneski, Strickland, Iqbal, Valla, Henderson, Bordonaro, Berns, Widroff, Hernandez, Kaplan, and Devito. ORDERED, that the C lerk add "T. Todd, Assistant Inspector General," as a defendant in this action. ORDERED, that Plaintiff's First and Eighth Amendment claims against defendants Todd, Wolczyk, Graham, and Bezio arising out of the disciplinary proceedin g survive the Court's sua sponte review pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b) and require a response. ORDERED, that if Plaintiff wants to proceed with his Fourteenth Amendment due process claims against defendants Wolczy k, Graham, and Bezio challenging the disciplinary sanctions imposed at the July Hearing affecting the conditions of his confinement, he must submit the required Peralta Waiver within thirty (30) days advising that he waives for all time all claims i n this action relating to disciplinary sanctions affecting the duration of his confinement (i.e., the recommended loss of good time). ORDERED, that in the event Plaintiff fails to file the Peralta Waiver within thirty (30) days of the filing date o f this Decision and Order, he will be deemed to have refused to waive the claims relating to disciplinary sanctions affecting the duration of his confinement arising from the July Hearing, and Plaintiff's due process claims against defendants Wolczyk, Graham, and Bezio shall, without further order of the Court, be DISMISSED without prejudice. ORDERED, that upon Plaintiff's filing of the required Peralta Waiver and, in all events, no later than thirty (30) days after the filing d ate of this Decision and Order, the Clerk shall return the file to the Court for review and for issuance of an order directing service of process on the remaining defendants. ORDERED, that Plaintiff's remaining claims are dismissed in accor dance with 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim upon which relief may be granted. ORDERED, that the Clerk shall terminate Wosneski, Strickland, Iqbal, Valla, Henderson, Bordonaro, Berns, Widroff, Hernandez, Kaplan, and Devito as defendants in this action. Signed by Senior Judge Lawrence E. Kahn on 7/8/16. (served on plaintiff by regular mail)(alh, )
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Filing
29
JUDGMENT entered pursuant to the Decision and Order dated January 29, 2016 and the Text Order filed March 7, 2016, of the Honorable Senior Judge Lawrence E. Kahn. (served on plaintiff by regular mail) (alh, )
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Filing
25
DECISION AND ORDER: ORDERED, that the Clerk shall terminate the following individuals as Defendants in this action: T. Strabel, Emilia A. Rutigliano, Scott Clair, Richard Pautz, L. Pearl, D. Borawski, Paul Chappius, Dolce, Lisa Trapazzo, Vernon Fon da, Catherine Massari, Robinson, James Morgan, Anthony Annucci, Albert Prack, Karen Bellamy, Kenneth S. Perlman, Brown, J. Prusak, J. Noeth, W. Murray, O'Connell, Willey, Carol Krauss, D. O'Connor, James Conway, Mark L. Bradt, Bartella, Bau er, Condone, Hembroke, Hartman, N. Web, Mezydlo, George Strubel, Loverde,Shepanski, Olles, and Whiteford. ORDERED, that the Clerk shall strike from the docket of the Northern District action the submissions filed at docket entry numbers 18-22, because those submissions relate only to the Attica claims that were retained by the Western District of New York and the proceedings in that District. Signed by Senior Judge Lawrence E. Kahn on 12/16/15. (served on plaintiff by regular mail)(alh, )
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