Yunus v. Jones et al
| Equan Yunus |
| Douglas Jones, Kevin Foster, Robert Mccauley, Winchell, Joshua Alger, Timothy Smith, Garrido and Robert Underwood |
| 9:2016cv01282 |
| October 27, 2016 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Kings |
| Andrew T. Baxter |
| Glenn T. Suddaby |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
99
DECISION AND ORDER that Defendants' post-judgment request for costs pursuant to Fed. R. Civ. P. 54(d)(1) and Local Rule 54.1(a) of the Local Rules of Practice for this Court (Dkt. No. 96) is GRANTED in part and DENIED in part, such that cost s are awarded to Defendants from Plaintiff in the amount of ONE THOUSAND SEVEN HUNDRED SIXTY DOLLARS AND FIFTY-EIGHT CENTS ($1,760.58), consisting of the following: (1) one thousand two hundred eighteen dollars and seventy-five cents ($1 ,218.75) for Plaintiff's deposition on October 11, 2018; (2) five hundred dollars and eight cents ($500.08) in fees for witnesses' attendance at the trial held on February 18, 2020, February 19, 2020, and February 20, 2020; and ( 3) forty-one dollars and seventy-five cents ($41.75) for copies of papers (specifically, a copy of Defendants' 167-page initial disclosures provided pursuant to Fed. R. Civ. P. 26, at a rate of twenty-five cents per page). Signed by Chief Judge Glenn T. Suddaby on 6/5/2020. (Copy served upon Plaintiff via regular mail). (sal )
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Filing
85
ORDER that the Clerk of the Court issue a Writ of Habeas Corpus Ad Testificandum directing the Superintendent of the Orleans Correctional Facility, or the correctional facility in which Michael Harris, #06-A-0448, is imprisoned and detained, to deli ver Harris, dressed in civilian attire, to the U.S. Courthouse and Federal Building, 100 S. Clinton Street, 11th floor, in Syracuse, New York on Wednesday, February 19, 2020 at 8:30 AM and any recessed date thereafter (his testimony is expected to la st half of the day on February 19, 2020) until the conclusion of his testimony, or when ordered by the Court, and that you return him to the above-named facility under your custody, under safe and secure conduct. The Clerk of Court is directed to ser ve an electronic certified copy of this Order, together with said Writ, to the Orleans Correctional Facility, to serve as notice to prepare Harris for transport. In the event the action is settled prior to the trial, it shall be incumbent upon defend ants or their authorized representative to notify the designated institution where Harris is housed and cancel such Writ to produce. Signed by Chief Judge Glenn T. Suddaby on 2/3/2020. (Copy served via regular mail upon Plaintiff, and via e-mail to Orleans Correctional Facility and USMS). (sal )
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Filing
51
DECISION AND ORDER that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 49 ) is ACCEPTED and ADOPTED in its entirety. Defendants' motion for summary judgment (Dkt. No. 44 ) is GRANTED in part such that all claims against Defe ndants Smith and Foster are DISMISSED from this action. Defendants' motion for summary judgment (Dkt. No. 44 ) is DENIED in part such that the following claims against Defendants Jones, Alger, Garrido and Underwood SURVIVE Defendants' mo tion: (1) Plaintiff's First Amendment retaliation claim against Defendant Jones arising from Jones' alleged confiscation of Plaintiff's personal property on November 21, 2013; (2) Plaintiff's First Amendment retaliation claim ag ainst Defendant Jones arising from Jones' allegedly false misbehavior report filed against Plaintiff on November 22, 2013; (3) Plaintiff's First Amendment retaliation claim against Defendant Alger arising from Alger's alleged overly intrusive searches of Plaintiff on November 20, 2013, and January 17, 2014; (4) Plaintiff's First Amendment retaliation claim against Defendants Garrido and Underwood arising from Garrido's alleged overly intrusive search of Plaintiff ( and Underwood's alleged failure to intervene in that search) on January 23, 2014; (5) Plaintiff's Eighth Amendment sexual-assault claim against Defendant Alger arising from Alger's alleged overly intrusive searches of Plaintiff on N ovember 20, 2013, and January 17, 2014; and (6) Plaintiff's Eighth Amendment sexual-assault claim against Defendants Garrido and Underwood arising from Garrido's alleged overly intrusive search of Plaintiff (and Underwood's alleged failure to intervene in that search) on January 23, 2014. Signed by Chief Judge Glenn T. Suddaby on 8/26/2019. (Copy served upon plaintiff via regular mail). (sal )
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Filing
26
DECISION AND ORDER: ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 22 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion to dismiss (Dkt. No. 19 ) is GRANTED in part and DENIED in part. ORDERED that portions of Plaintiff's Complaint (Dkt. No. 1) are DISMISSED with prejudice, other portions of the Complaint are DISMISSED without prejudice, and the remaining portions of Plaintiff's Complaint SURVIVE this Decision and Order, as set forth on page 30 through 33 of the Report-Recommendation. Signed by Chief Judge Glenn T. Suddaby on 12/1/17. {order served via regular and certified mail on plaintiff}(nas, )
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