Adams v. O'Hara et al
| Robert Adams, III |
| David O'Hara, K. Kirkwood, C. Curtis, L. Seery, P. Dilallo, S. Walshvelo, E. Smith, Jamie Lamanna and Donald Venettozzi |
| 9:2016cv00527 |
| May 9, 2016 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Chemung |
| Andrew T. Baxter |
| Glenn T. Suddaby |
| 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
180
ORDER granting # 176 Defendants' Post-judgment request for costs pursuant to Fed.R.Civ.P. 54(d)(1) and Local Rules 54.1(a) of the Local Rules of Practice for this Court in the amount of $1,485.61. Signed by Chief Judge Glenn T. Suddaby on 5/3/19. (lmw) (Copy served upon pro se plaintiff via regular mail)
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Filing
174
DECISION AND ORDER dismissing Plaintiff's Second Amended Complaint in its entirety for failure to exhaust his available administrative remedies before filing this action, pursuant to the PLRA. Signed by Chief Judge Glenn T. Suddaby on 2/15/19. (lmw) (Copy served upon plaintiff via regular mail)
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Filing
156
DECISION AND ORDER accepting and adopting # 153 Magistrate Judge Baxter's Report and Recommendation in its entirety; and granting in part and denying in part # 132 Defendants' Motion for Summary Judgment in the following respects: (1) Pl aintiff's claims against Defendants Lattimore-Smith, Cornell, Lamanna, Robinson and Venettozzi are DISMISED; and (2) Plaintiff's claims against Defendants O'Hara, Kirkwood, Curtis, Seery, Dilallo and Walshvelo SURVIVE Defendants' motion for summary judgment. It is further 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 a ppeal is granted; and upon assignment of Pro Bono Counsel, a final pretrial conference with counsel only will be scheduled in this action, at which time the Court will schedule a jury trial on Plaintiff's Eighth Amendment excessive force claims against Defendants O'Hara, Kirkwood, Curtis, Seery and Dilallo and failure to protect claims against Defendants Dilallo and Walshvelo. Counsel are directed to appear at the pretrial conference with settlement authority from the parties. Signed by Chief Judge Glenn T. Suddaby on 9/25/18. (lmw) (Copy served upon pro se plaintiff via regular mail)
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Filing
63
DECISION AND ORDER: ORDERED that plaintiff's amended complaint (Dkt. No. 62 ) is ACCEPTED for filing and is the operative pleading in this action. ORDERED that the Clerk shall (i) revise the docket to reflect that Auburn C.F. Supt. G.Robinso n and Auburn C.O. M. Cornell are defendants in this action; and (ii) issue an amended summons and forward it to the U.S. Marshal for service on Robinson and Cornell. ORDERED that a response to the amended complaint shall be filed by defendants or t heir counsel as provided for in the Federal Rules of Civil Procedure. Signed by Chief Judge Glenn T. Suddaby 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
12
DECISION AND ORDER: ORDERED, that in accordance with plaintiff's Peralta Waiver (Dkt. No. 10), all claims set forth in the complaint relating to disciplinary sanctions imposed on plaintiff at the February 2015 disciplinary hearing which affect the duration of his confinement are DISMISSED. ORDERED that the Clerk of the Court shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service of process on defendants. The Clerk shall forwar d a copy of the summons and complaint by mail to the Office of the New York State Attorney General, together with copies of this Decision and Order and the June Order. Signed by Chief Judge Glenn T. Suddaby on 7/15/16. (served on plaintiff by regular mail)(alh, )
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