Allen v. Annucci et al
| Michael J. Allen |
| Anthony Annucci, Kevin P. Bruen, John Culkin, Andrew Cuomo, H. Graham, Robinson, Lamanna, Chuttey, Valentino, Lieutenant Vasite, Connor, Greffin, Mannon, Cornell, Steinberg, Zeke, Vasite, D. Venettozzi, D. Uhler, Smith, M. Sturgen, Jane Doe, Eric T. Schneiderman and Marcus J. Mastracco, Esq. |
| 9:2016cv00047 |
| January 13, 2016 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Seneca |
| Andrew T. Baxter |
| Glenn T. Suddaby |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
68
DECISION AND ORDER: ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 65 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion for summary judgment (Dkt. No. 57 ) is GRANTED in part and DENIED in part, such that all of Plaintiffs claims be DISMISSED except the following claims, which shall SURVIVE Defendants' motion: (1) Plaintiff's Eighth Amendment sexual assault claim against DEFENDANTS GIFFORD, GILMORE, and MANNA, arising fro m the incidents of July 30, 2014; (2) Plaintiff's Eighth Amendment failure-to-intervene claim against DEFENDANTS GIFFORD, GILMORE, and MANNA, arising from the incidents of July 30, 2014; (3) Plaintiff's Fourth Amendment unreasonable search claim against DEFENDANTS GIFFORD, GILMORE, and MANNA, arising from the incidents of July 30, 2014; (4) Plaintiff's First Amendment retaliation claim asserted against DEFENDANTS GIFFORD, GILMORE, and MANNA, arising from the incidents of July 30, 2014. ORDERED, that Pro Bono Counsel be appointed for the Plaintiff for purposes of trial only; any appeal shall remain the responsibility of the plaintiff alone unless a motion for appointment of counsel for an appeal is granted. ORDERED that upo n assignment of Pro Bono Counsel, a pretrial conference with counsel will be scheduled in this action, at which time the Court will schedule a date for trial. The parties are directed to appear at that pretrial conference with settlement authority. Signed by Chief Judge Glenn T. Suddaby on 12/1/17. (served on plaintiff by regular mail) (alh, )
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Filing
49
DECISION AND ORDER: ORDERED that plaintiff's motion for sanctions (Dkt. No. 38 ) is DENIED in all respects. Signed by US Magistrate Judge Andrew T. Baxter on 12/8/16. (Copy mailed to Pro Se party and therefore, pursuant to Fed.R.Civ.P. 6(d), an additional 3 (three) days for service may be allowed)(alh, )
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Filing
8
DECISION AND ORDER: ORDERED that, pursuant to plaintiff's Peralta Waiver (Dkt. No. 7), all claims set forth in the complaint relating to plaintiff's loss of good time are DISMISSED with prejudice. ORDERED that, upon receipt from plaintif f of the documents required for service of process, the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon defendants Graham, Chuttey, Lt. Vasite, Connor, Greffin, Mannon, C ornell, Steinberg, Zeke, Venettozzi, and Gilmore. The Clerk shall forward a copy of the summons and complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. Signed by Chief Judge Glenn T. Suddaby on 4/22/16. (served on plaintiff by regular mail)(alh, )
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