Walker v. Ball et al
| Eric Walker |
| R. Ball, A. Rodriguez, St. Johns, Wm Noonan and Nurse Doe |
| 9:2016cv00437 |
| April 18, 2016 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Greene |
| David N. Hurd |
| Daniel J. Stewart |
| 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
61
JUDGMENT entered pursuant to the Decision and Order of the Honorable Judge David N. Hurd, dated this 20th day of March, 2018. (served on plaintiff by regular mail) (alh, )
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Filing
54
ORDER: ORDERED, that Plaintiff shall, within thirty days of the filing date of this Order, provide the Court and opposing counsel with confirmation in writing of his present address. Plaintiff shall also inform the Court and opposing counsel his inte ntions with regard to the pending Motion for Summary Judgment and explain why he did not respond to such Motion within the time allotted. ORDERED, that should Plaintiff fail to comply with this Order and confirm his address, the Clerk shall return the matter to the undersigned so that a recommendation of dismissal can be issued for the District Judge's review. Signed by Magistrate Judge Daniel J. Stewart on 10/31/17. ( Notice of Compliance Deadline 12/1/2017) (served on plaintiff at Green Haven Correctional Facility and at 20 Pierce Road, Apt. #60, Newburgh, NY 12550)(alh, )
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Filing
22
DECISION AND ORDER: ORDERED that 1. The amended complaint (Dkt. No. 11 ) is accepted for filing and is the operative pleading in this action; 2. The Clerk of the Court is directed to add R. Ball, Captain, Washington Correctional Facility and A. Rodriguez, Acting Director, NYS DOCCS Appeals Unit, to the docket report as defendants; 3. Defendants St. Johns and Noonan shall file a response to the amended complaint within thirty (30) days of the filing of this Decision and Order; 4. Plaintif f shall advise the Court in writing, within thirty (30) days of the filing date of this Decision and Order, whether he waives for all times all claims in this action relating to disciplinary sanctions arising out of defendant Ball's December 201 5 disciplinary disposition affecting the duration of his confinement (recommended good time loss) in order to proceed with his claims challenging the sanctions affecting the conditions of his confinement; 5. In the event plaintiff fails to timely fi le the required Peralta waiver, he will be deemed to have refused to waive the claims relating to disciplinary sanctions arising out defendant Ball's December 2015 disciplinary disposition affecting the duration of his confinement (recommended g ood time loss), and the due process claims relating defendant Ball's December 2015 disciplinary disposition and the appeal to defendant Rodriguez shall be dismissed without prejudice in their entirety; 6. Upon plaintiff's filing of the Pe ralta Waiver, or at the expiration of thirty days with no Peralta waiver filed, the Clerk shall return this file for further review; 7. Plaintiff's motion for preliminary injunctive relief (Dkt. No. 12 ) is DENIED; 8. Plaintiff's motion for reconsideration (Dkt. No. 13 ) is DENIED. Signed by Judge David N. Hurd on 8/29/16. (Wm Noonan answer due 9/29/2016; St. Johns answer due 9/29/2016; Peralta Waiver due 9/29/2016) (served on plaintiff by regular mail) (alh, )
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