Smith v. New York State et al
| Jua Smith |
| W. Arvidson, Raymond, Angelo Scaturro, MD Jon S. Miller, New York State, R. Rizzi, Brabham, Barnes, Jeremy J. Best, W. Kenneweg, Sheila E. Shea, Slaven, Anthony J. Annucci, Arvenson, Kate H. Nepveu, Joan M. Smith, William G. McCarthy, Jackson, Wagner, David Barringer, New York State Judiciary, Cheryl Huff, Daniel J. Martuscello, Jr., Almasi, Martin A. Hotvet, State of New York Office of the Attorney General, Karen K. Peters, Janet DiFiore, Charles M. Tailleur, Vernon L. Baldwin, Department of Corrections and Community Supervision, Rachel Rizzi and Bates |
| 9:2017cv00558 |
| May 22, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Greene |
| Therese Wiley Dancks |
| Lawrence E Kahn |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on May 1, 2023. A more recent docket listing may be available from PACER.
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Filing 123
Letter from Jua Smith enclosing affidavit of expert witness Jon Wesley Boyd. (Attachments: #1 Affidavit)(nas, )
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Filing 122
STATUS REPORT by Almasi, Anthony J. Annucci, W. Arvidson, Vernon L. Baldwin, Barnes, David Barringer, Cheryl Huff, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, R. Rizzi, Slaven, Joan M. Smith, Wagner. (Attachments: #1 Declaration of service)(Starlin, Keith)
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Filing 121
Copy of Letter from Smith to defense counsel regarding discovery. (nas, )
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Filing 120
DECISION AND ORDER: ORDERED that #114 Plaintiff's request for reconsideration of the May 2019 Order is DENIED in all respects. Signed by Senior Judge Lawrence E. Kahn on 7/11/19. {order served via regular mail on plaintiff}(nas)
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Filing 119
Letter from Smith requesting a copy of the docket sheet from dkt. no. 104 to latest. (nas, )
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Filing 118
REPLY to Response to #114 Motion filed by Jua Smith. (nas, )
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Filing 117
RESPONSE in Opposition re #114 Letter Motion for Jua Smith filed by Almasi, Anthony J. Annucci, W. Arvidson, Vernon L. Baldwin, Barnes, David Barringer, Cheryl Huff, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, R. Rizzi, Slaven, Joan M. Smith, Wagner. (Starlin, Keith)
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Filing 116
TEXT ORDER: On 11/26/18 the Court adjourned the discovery and dispositive motion deadlines pending rendering a decision on the pending motions (See Dkt. No. 86). Decisions have been rendered on the referenced motions and Defendant Huff has filed an answer. Therefore, the Discovery Deadline is reset to 9/30/19 and Dispositive Motion Filing Deadline is reset to 11/25/19. Authorized by Magistrate Judge Therese Wiley Dancks on 6/6/19. {text order served via regular mail on plaintiff}(nas)
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Filing 115
ANSWER to #92 Amended Complaint, by Cheryl Huff. (Attachments: #1 Declaration of service)(Starlin, Keith)
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Filing 114
Letter Motion for Reconsideration of the Decision and Order issued on 5/14/2019 (Dkt. No. #111 ) filed by Jua Smith. (sal )
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TEXT NOTICE re: #114 Letter Motion for Reconsideration of the Decision and Order issued on 5/14/2019 (Dkt. No. #111 ) filed by Jua Smith: Response to Motion due by 6/11/2019. [Text notice served via regular mail on plaintiff]. (sal)
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Filing 113
BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $160.00. (nas, )
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Filing 112
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Cheryl Huff served on 4/4/2019, answer due 6/3/2019. Acknowledgment filed by Cheryl Huff. (Starlin, Keith)
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Filing 111
DECISION AND ORDER that Plaintiff's Motion for Reconsideration of the January 2019 Order (Dkt. No. #96 ) is DENIED in all respects; that Plaintiff's alternative request in his Motion for Reconsideration of the January 2019 Order (Dkt. No. #96 ) for leave to file an interlocutory appeal of the January 2019 Order is DENIED; that Plaintiff's Third Motion for Reconsideration of the August 2018 Order (Dkt. No. #101 ) is DENIED in all respects; and that Plaintiff's Motion for Sanctions (Dkt. No. #100 ) is DENIED. Signed by Senior District Judge Lawrence E. Kahn on 5/14/2019. (Copy served upon plaintiff via regular mail). (sal )
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Filing 110
Summons Reissued as to Cheryl Huff. (nas, )
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Filing 109
TEXT ORDER RE #108 : Plaintiff has brought to the Court's attention that service was incorrectly attempted on Defendant Huff at Great Meadow Correctional Facility rather than at Coxsackie Correctional Facility. The Clerk of the Court is directed to re-issue a summons for Defendant Huff for the US Marshal Service to attempt service on Defendant Huff at Coxsackie Correctional Facility. Authorized by Magistrate Judge Therese Wiley Dancks on 4/3/19. {text order served via regular mail on plaintiff}(nas, )
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Filing 108
Letter Motion requesting that service of process upon defendant Huff be completed at Coxsackie Correctional Facility filed by Jua Smith..(sal )
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Filing 107
Summons Reissued as to Huff. (nas, )
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Filing 106
BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $144.00. (sal )
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Filing 105
Summons Returned Unexecuted as to Defendant Huff. (sal )
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Filing 104
RESPONSE in Opposition re #101 MOTION for Reconsideration re #97 Order on Motion for Reconsideration,, #100 MOTION for Sanctions filed by Almasi, Anthony J. Annucci, W. Arvidson, Vernon L. Baldwin, Barnes, David Barringer, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, R. Rizzi, Slaven, Wagner. (Starlin, Keith)
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Filing 103
Letter from Smith requesting copy of docket sheet from Dkt. #88 to the present. Court provided the docket report as requested. (rar)
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Filing 102
REPLY to Response to #96 MOTION for Reconsideration filed by Jua Smith. (Attachments: #1 envelope)(nas, )
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Filing 101
MOTION for Reconsideration of #97 Order filed by Jua Smith. (Attachments: #1 Affidavit, #2 cover letter, #3 envelope) (nas, )
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TEXT NOTICE RE: #100 MOTION for Sanctions AND #101 MOTION for Reconsideration : Response to Motion due by 3/8/2019 {text notice served via regular mail on plaintiff}(nas, )
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Filing 99
RESPONSE in Opposition re #96 MOTION for Reconsideration re #91 Order on Motion to Amend/Correct,,,,,,,,,, filed by Almasi, Anthony J. Annucci, W. Arvidson, Vernon L. Baldwin, Barnes, David Barringer, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, R. Rizzi, Slaven, Joan M. Smith, Wagner. (Attachments: #1 Declaration of service)(Starlin, Keith)
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Filing 100
MOTION for Rule 11 Sanctions filed by Jua Smith. (Attachments: #1 envelope) (nas, )
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Filing 98
Letter from Smith enclosing signature page of his second amended complaint. (Attachments: #1 envelope)(nas, )
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Filing 97
DECISION AND ORDER: ORDERED, that Plaintiff's Second Motion for Reconsideration (Dkt. No. #87 ) is DENIED in all respects. Signed by Senior Judge Lawrence E. Kahn on 2/7/19. (Decision and Order mailed to plaintiff via regular mail). (rar, ) Modified on 2/10/2019 to reflect correct year the order was signed. (nas, ).
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Filing fee: $ 350.00, receipt number SYR054314 (nas, )
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Filing 96
MOTION for Reconsideration re #91 filed by Jua Smith. (Attachments: #1 motion, #2 envelope) (rar, )
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TEXT NOTICE of Hearing on Motion #96 MOTION for Reconsideration re #91 Order. Response to Motion due by 2/12/2019. (Text Notice mail to plaintiff via regular mail).(rar, )
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Filing 95
TEXT ORDER: Defendants have filed their answer to the second amended complaint in this action (See Dkt. No. #93 ). Pursuant to said Answer, it appears that the correct spelling of the Defendant identified in the second amended complaint as "Arvenson" is "W. Arvidson". The Clerk is directed to modify the docket to reflect this change. Authorized by Magistrate Judge Therese Wiley Dancks on 1/29/19. (Text Order mailed to plaintiff via regular mail). (rar, )
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Filing 94
Summons Issued as to Huff. (rar, )
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Filing 93
ANSWER to #92 Amended Complaint, by Almasi, Anthony J. Annucci, Arvenson, Vernon L. Baldwin, Barnes, David Barringer, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, R. Rizzi, Slaven, Joan M. Smith, Wagner. (Attachments: #1 Declaration of service)(Starlin, Keith)
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Filing 92
SECOND AMENDED COMPLAINT against Almasi, Anthony J. Annucci, Arvenson, Vernon L. Baldwin, Barnes, David Barringer, Huff, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, R. Rizzi, Slaven, Joan M. Smith, Wagner filed by Jua Smith. (Attachments: #1 Part 2 of Second Amended Complaint) (rar)
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Filing 91
MEMORANDUM-DECISION AND ORDER: ORDERED, that Plaintiff's Motion to Amend (Dkt. No. #77 ) is GRANTED in part and DENIED in part. Plaintiff's Motion to Amend is GRANTED insofar as he seeks to (1) add allegations related to equitable tolling and assert an Eighth Amendment conditions-of-confinement claim against Huff; (2) broaden his First Amendment Free Exercise claims and assert them against Barringer, Kenneweg, Martuscello and Smith based on them allegedly denying Plaintiff access to legal materials; (3) amend his First Amendment retaliation claims against Martuscello, Barringer, Kenneweg, Smith, Wagner, Jackson, Barnes, Almasi, Arvidson, Annucci, Baldwin, Miller, Rizzi, and Slaven; (4) withdraw his claims listed in Part IV.9 of this Decision and Order; and (5) maintain the other claims in the FAC that Plaintiff has reasserted, and which were found to survive sua sponte review, with the exception of Plaintiff's RLUIPA claim discussed above, which is dismissed. Plaintiff's Motion to Amend is DENIED in all other respects. ORDERED, that the Clerk is directed to (1) attach to the Proposed SAC pages 2, 3, 10, 11, 12, 13, and 158, which are attached to Dkt. No. [81-1]; and (2) file, as supplemented, the Proposed SAC (Dkt. Nos. [77-2] and [77-3]) as the second amended complaint in this action. ORDERED, that the second amended complaint, as modified herein, will supersede and replace the previously filed amended complaint and will be the operative pleading. ORDERED, that the Clerk revise the docket to reinstate Huff as a defendant. ORDERED, that, upon receipt from Plaintiff of the documents required for service of process on Huff, the Clerk shall issue a summons and forward it, along with a copy of the second amended complaint, to the United States Marshal for service upon Huff. ORDERED, that New York State, Annucci, Martuscello, Smith, Barringer, Miller, Baldwin, Rizzi, Kenneweg, Wagner, Arvidson, Jackson, Barnes, Almasi, Huff, and Slaven, or their counsel, shall respond to the second amended complaint, as provided for in the Federal Rules of Civil Procedure. ORDERED, that upon the filing of Defendants' responses to the second amended complaint, the Clerk shall return the file to the Court to reset the remaining pretrial deadlines. ORDERED, that Peters, Raymond, and Brabham are DISMISSED without prejudice as defendants. Signed by Senior Judge Lawrence E. Kahn on 1/11/2019. (Memorandum-Decision and Order mailed to plaintiff by regular mail). (rar)
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***Answer due date updated for Almasi answer due 1/25/2019; Anthony J. Annucci answer due 1/25/2019; Arvenson answer due 1/25/2019; Vernon L. Baldwin answer due 1/25/2019; Barnes answer due 1/25/2019; David Barringer answer due 1/25/2019; Jackson answer due 1/25/2019; W. Kenneweg answer due 1/25/2019; Daniel J. Martuscello, Jr answer due 1/25/2019; Jon S. Miller answer due 1/25/2019; New York State answer due 1/25/2019; Slaven answer due 1/25/2019; Joan M. Smith answer due 1/25/2019; Wagner answer due 1/25/2019. (rar, )
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Filing 90
Letter from Smith to Assistant Attorney General Keith Starlin. (rar, )
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Filing 89
REPLY to Response to Motion re #87 MOTION for Reconsideration filed by Jua Smith. (rar, ) (Additional attachment(s) added on 1/3/2019: #1 envelope) (rar, ).
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Filing 88
RESPONSE in Opposition re #87 MOTION for Reconsideration re 86 Order on Letter Request,, filed by Almasi, Anthony J. Annucci, Arvenson, Vernon L. Baldwin, Barnes, David Barringer, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, Raymond, R. Rizzi, Slaven, Joan M. Smith, Wagner. (Attachments: #1 Declaration of service)(Starlin, Keith)
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Updated copy of docket sheet provided to plaintiff. (nas, )
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TEXT NOTICE RE: #87 MOTION for Reconsideration re 86 Order on Letter Request : Response to Motion due by 12/21/2018 {text notice served via regular mail on plaintiff}(nas, )
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Filing 87
MOTION for Reconsideration of Dkt. No. 86 Text Order and notice of change of address to Great Meadow Correctional Facility filed by Jua Smith. (Attachments: #1 memorandum of law; declaration, #2 affidavit of service, #3 letter to defense counsel, #4 letter to the court, #5 envelope) (nas, )
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Filing 86
TEXT ORDER RE #84 : The Court reviewed defendants' letter motion to adjourn remaining pretrial deadlines until decisions on the pending motions for reconsideration (Dkt. No. #73 ) and to amend the complaint (Dkt. No. #77 ) are issued. Letter motion granted. All discovery and dispositive motion deadlines are adjourned and will be reset when the Court issues decisions on the pending motions. Authorized by Magistrate Judge Therese Wiley Dancks on 11/26/18. {text order served via regular mail on plaintiff}(nas, )
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Filing 85
ORDER. Order denying Docket #73 Motion for Reconsideration. Signed by Senior Judge Lawrence E. Kahn on 11/26/2018. (Order served on Plaintiff via regular mail). (rar, )
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Filing 84
Letter Motion from Assistant Attorney General Keith Starlin for Almasi, Anthony J. Annucci, Arvenson, Vernon L. Baldwin, Barnes, David Barringer, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, Raymond, R. Rizzi, Slaven, Joan M. Smith, Wagner requesting a stay of the discovery and dispositive motion deadlines submitted to Judge Hon. Therese Wiley Dancks . (Starlin, Keith)
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Filing 83
REPLY to Response to #73 MOTION for Reconsideration filed by Jua Smith. (nas, )
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Filing 82
NOTICE of Change of Address by Jua Smith Effective Date 10/30/18 Old Address: Elmira Correctional Facility New Address: Washington Correctional Facility (nas, )
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Filing 81
REPLY to Response to #77 MOTION to Amend filed by Jua Smith. (Attachments: #1 Exhibit(s), #2 envelope)(nas, )
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Filing 80
Letter from Smith enclosing certificate of service for discovery served on defense counsel. (nas, )
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Filing 79
RESPONSE in Opposition re #77 MOTION to Amend/Correct #34 Amended Complaint,, filed by Almasi, Anthony J. Annucci, Arvenson, Vernon L. Baldwin, Barnes, David Barringer, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, Raymond, R. Rizzi, Slaven, Joan M. Smith, Wagner. (Attachments: #1 Declaration of service)(Starlin, Keith)
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Filing 78
Copy of Letter from Jua Smith to AAG Starlin regarding Mandatory Disclosures. (Attachments: #1 Exhibit, Copy of correspondence to Inmate Records Coordinator)(alh, )
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TEXT NOTICE RE: #77 MOTION to Amend/Correct #34 Amended Complaint,, : Response to Motion due by 10/15/2018 {notice served via regular mail on plaintiff}(nas, )
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Filing 77
MOTION to Amend #34 Amended Complaint filed by Jua Smith. (Attachments: #1 Declaration, #2 Proposed Amended Pleading, #3 second half of proposed amended pleading, #4 cover letter, #5 envelope) [clerk notes that envelope is from Coxsackie C.F.; DOCCS has plaintiff listed at Elmira C.F.; pages missing: 2, 3, 10-13 and page 158](nas, )
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Filing 76
RESPONSE in Opposition re #73 MOTION for Reconsideration re #70 Order on Motion for Preliminary Injunction filed by Almasi, Anthony J. Annucci, Arvenson, Vernon L. Baldwin, Barnes, David Barringer, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, Raymond, R. Rizzi, Slaven, Joan M. Smith, Wagner. (Attachments: #1 Declaration of service)(Starlin, Keith)
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Filing 75
STATUS REPORT regarding the service of initial mandatory disclosure by Almasi, Anthony J. Annucci, Arvenson, Vernon L. Baldwin, Barnes, David Barringer, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, Raymond, R. Rizzi, Slaven, Joan M. Smith, Wagner. (Attachments: #1 Declaration of service)(Starlin, Keith)
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Filing 74
TEXT ORDER regarding #69 Letter Motion from Jua Smith requesting an extension of time to complete service of process on defendant Barnes: Defendant Barnes filed his #72 Answer to the #34 Amended Complaint on 8/24/18. Plaintiff's #69 Letter Motion is denied as moot. Authorized by Magistrate Judge Therese Wiley Dancks on 8/30/18. (served on plaintiff by regular mail) (alh, )
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Filing 73
MOTION for Reconsideration re #70 Decision and Order, filed by Jua Smith. (Attachments: #1 Cover Letter requesting copy of amended complaint and docket report, #2 Envelope) (copy of Dkt. No. 34 and updated docket report served on plaintiff by regular mail) (alh, )
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TEXT NOTICE on #73 MOTION for Reconsideration re #70 Decision and Order: Motion is ON SUBMISSION ONLY. Defendants are directed to file their response on or before 9/12/18. (served on plaintiff by regular mail)(alh, )
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Filing 72
ANSWER to #34 Amended Complaint,, by Barnes. (Attachments: #1 Declaration of service)(Starlin, Keith)
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***Answer due date updated for Barnes answer due 8/24/2018. (alh, )
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CLERK'S CORRECTION OF DOCKET ENTRY re #71 ACKNOWLEDGMENT OF SERVICE (USM 299 Form): The Clerk has modified the entry to reflect that the submission is a USM 299 Form with the service date of 6/25/18 and answer deadline reset to 8/24/18. (alh, )
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Filing 71
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Barnes served on 6/25/18, answer due 8/24/18. Acknowledgment filed by Barnes. (Starlin, Keith) Modified on 8/23/2018 to indicate submission is USM 299 Form and service date was 6/25/18 (alh, ).
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Filing 70
DECISION AND ORDER: ORDERED, that Plaintiff's Preliminary Injunction Motion (Dkt. No. #4 ) is DENIED. Signed by Senior Judge Lawrence E. Kahn on 8/20/18. (served on plaintiff by regular mail)(alh, )
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Filing 69
Letter Motion from Jua Smith requesting an extension of time to complete service on defendant Barnes. (Attachments: #1 Cover Letter and Envelope)(alh, )
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Filing 68
Letter in further support of plaintiff's #62 Reply to Response to Motion by Jua Smith. (Attachments: #1 Cover Letter and envelope)(alh, )
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Filing 67
Summons Returned Unexecuted as to Barnes. (nas, )
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Filing 66
BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $136.00. (nas, )
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Filing 65
AFFIDAVIT of Service for #62 Reply served on AAG Keith Starlin on 7/30/18, filed by Jua Smith. (alh, )
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Filing 64
TEXT ORDER granting #63 Letter Request: The deadline for parties to exchange mandatory disclosures is extended until 9/3/18. The parties are advised that all other provisions of the #53 Mandatory Pretrial Discovery and Scheduling Order remain in effect. Authorized by Magistrate Judge Therese Wiley Dancks on 8/6/18. (served on plaintiff by regular mail)(alh, )
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Filing 63
Letter Motion from Assistant Attorney General Keith Starlin for Almasi, Anthony J. Annucci, Arvenson, Vernon L. Baldwin, David Barringer, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, Raymond, R. Rizzi, Slaven, Joan M. Smith, Wagner requesting an extension to provide mandatory disclosure submitted to Judge Hon. Therese Wiley Dancks . (Starlin, Keith)
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Filing 62
REPLY to Response to Motion re #4 MOTION for Preliminary Injunction filed by Jua Smith. (alh, )
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Filing 61
RESPONSE in Opposition re #4 MOTION for Preliminary Injunction filed by Almasi, Anthony J. Annucci, Arvenson, Vernon L. Baldwin, David Barringer, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, Raymond, R. Rizzi, Slaven, Joan M. Smith, Wagner. (Starlin, Keith)
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Filing 60
NOTICE of Change of Address by Jua Smith Effective Date 7/4/18 Old Address: Coxsackie Correctional Facility New Address: Elmira Correctional Facility (alh, )
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Filing 59
TEXT ORDER: Pursuant to this Court's #9 Memorandum-Decision and Order, defendants were directed to file a response to plaintiff's #4 Motion for Preliminary Injunctive Relief within thirty days of the date of service of the summons and complaint. Defendants filed their #52 Answer to the #34 Amended Complaint on June 5, 2018. Defendants are directed to file their response to the #4 Motion for Preliminary Injunctive Relief on or before July 24, 2018. Authorized by Senior Judge Lawrence E. Kahn on 6/25/18. (served on plaintiff by regular mail)(alh, )
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Filing 58
MEMORANDUM-DECISION AND ORDER: ORDERED, that Plaintiff's Motion for Reconsideration (Dkt. No. #41 ) is DENIED. Signed by Senior Judge Lawrence E. Kahn on 6/25/18. (served on plaintiff by regular mail) (alh, )
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Filing 57
Summons Issued as to Barnes. (alh, )
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Filing 56
TEXT ORDER: The Court is in receipt of plaintiff's #54 , #55 Letter Motions seeking various forms of relief, which are granted in part and denied in part as follows. Based on plaintiff's delivery of a USM 285 Form for service of process on defendant Barnes, see Dkt. No. 54-1, the US Marshal is directed to attempt service of the amended complaint on defendant Barnes at the new address provided by plaintiff. The Clerk of the Court is directed to retain the other thirteen copies of the amended complaint submitted by plaintiff until after the Court decides the pending #41 motion for reconsideration. The Clerk of the Court is also directed provide plaintiff with a copy of the docket report beginning with Dkt. No. 50. The Court cannot facilitate plaintiff's access to the Federal Judiciary's Case Management/ Electronic Case Files (CM/ECF) system. However, plaintiff is advised that Public Access to Court Electronic Records (PACER) is an electronic public access service that allows users to obtain case and docket information online from federal appellate, district, and bankruptcy courts, and the PACER Case Locator, and is available at https://www.pacer.gov. To the extent plaintiff has sought different or additional relief in either of his [54, 55] Letter Motions, his request is denied. Authorized by Magistrate Judge Therese Wiley Dancks on 6/21/18. {text order and docket sheet from dkt. no. 50 to present served via regular mail on plaintiff}(nas, )
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Filing 55
Letter Motion from Jua Smith dated 6/17/18 requesting copy of docket report starting at dkt. no. 50 and direction on how to access CMECF. Plaintiff encloses his Certificate of Service of Mandatory Disclosures served on AAG 6/17/18. (alh, )
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Filing 54
Letter Motion from Jua Smith regarding service on John J. Barnes and requesting the court maintain the extra copies of the amended complaint for service purposes. (Attachments: #1 USM 285 for John J. Barnes)(alh, )
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Filing 53
MANDATORY PRETRIAL DISCOVERY AND SCHEDULING ORDER: Amended Pleadings due by 10/8/2018. Discovery due by 12/6/2018. Joinder of Parties due by 10/8/2018. Dispositive Motions to be filed by 2/6/2019. Signed by Magistrate Judge Therese Wiley Dancks on 6/6/18. (served on plaintiff by regular mail)(alh, )
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Filing 52
ANSWER to #34 Amended Complaint,, by Almasi, Anthony J. Annucci, Arvenson, Vernon L. Baldwin, David Barringer, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, Raymond, R. Rizzi, Slaven, Joan M. Smith, Wagner. (Attachments: #1 Declaration of service)(Starlin, Keith)
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Filing 51
ACKNOWLEDGMENT OF SERVICE (USM 285 Form) Executed as to R. Rizzi served on 4/6/2018, answer due 6/5/2018; Jackson served on 4/6/2018, answer due 6/5/2018; Joan M. Smith served on 4/6/2018, answer due 6/5/2018; New York State served on 4/6/2018, answer due 6/5/2018; W. Kenneweg served on 4/6/2018, answer due 6/5/2018; David Barringer served on 4/6/2018, answer due 6/5/2018; Wagner served on 4/6/2018, answer due 6/5/2018; Slaven served on 4/6/2018, answer due 6/5/2018; Daniel J. Martuscello, Jr served on 4/6/2018, answer due 6/5/2018; Arvenson served on 4/6/2018, answer due 6/5/2018; Almasi served on 4/6/2018, answer due 6/5/2018; Anthony J. Annucci served on 4/6/2018, answer due 6/5/2018; Vernon L. Baldwin served on 4/6/2018, answer due 6/5/2018; Raymond served on 4/6/2018, answer due 6/5/2018; Jon S. Miller served on 4/6/2018, answer due 6/5/2018. Acknowledgment filed by R. Rizzi; Jackson; Joan M. Smith; New York State; W. Kenneweg; David Barringer; Wagner; Slaven; Daniel J. Martuscello, Jr; Arvenson; Almasi; Anthony J. Annucci; Vernon L. Baldwin; Raymond; Jon S. Miller. (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix, #7 Appendix, #8 Appendix, #9 Appendix, #10 Appendix, #11 Appendix, #12 Appendix, #13 Appendix, #14 Appendix)(Starlin, Keith)
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The Court received 14 copies of plaintiff's amended complaint via FedEx today. Copies are located in the Syracuse Clerks' Office. (alh, )
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Updated docket report and blank USM 285 forms mailed to plaintiff per telephone call today to the Syracuse Clerk's Office. (alh, )
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Filing 50
TEXT ORDER: The US Marshal has returned unexecuted the summons issued for defendants Anthony J. Annucci, Vernon L. Baldwin, David Barringer, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, R. Rizzi, Joan M. Smith, Almasi, Arvenson, Jackson, W. Kenneweg, Raymond, Slaven, and Wagner. See Dkt. Nos. 46, 47. In addition, as of the date of this Order, no acknowledgment of service has been received for any of these defendants. Pursuant to N.D.N.Y. Local Rule 4.1(d), these defendants have sixty days from 4/6/18, the date the waiver request was sent, to answer or file a motion to dismiss the amended complaint. If no response is received by June 5, 2018, the Court will direct the US Marshal to attempt personal service and will direct each defendant who has not responded to show cause why costs should not be imposed pursuant to N.D.N.Y. Local Rule 4.1(e) for failing to execute the waiver request. The Clerk is directed to forward a copy of this Order to the Office of the New York State Attorney General. Authorized by Magistrate Judge Therese Wiley Dancks on 5/21/18. (served on plaintiff and NYS AG's office by regular mail)(alh, )
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Filing 49
TEXT ORDER: The Court is in receipt of plaintiff's #45 Letter Motion requesting an extension of time to complete service of process on defendant Barnes in light of the letter from Coxsackie Correctional Facility attached to the #44 Summons returned unexecuted as to defendant Barnes, which indicates that no corrections officer by the name Barnes is employed at Coxsackie Correctional Facility. The Court finds that good cause exists for extending plaintiff's deadline to serve defendant Barnes by 90 days. If plaintiff wishes to pursue his claims against defendant Barnes, he must take reasonable steps to identity an address for service of process through discovery or otherwise. In the event plaintiff fails to obtain an address for timely service of process, or demonstrate good cause for not doing so prior to the expiration of his new deadline, this action will be dismissed as against defendant Barnes. Authorized by Senior Judge Lawrence E. Kahn on 5/21/18. (served on plaintiff by regular mail) (alh, )
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Filing 48
BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $128.00. (alh, )
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Filing 47
Summons Returned Unexecuted as to Almasi, Arvenson, Jackson, W. Kenneweg, Raymond, Slaven, Wagner. (alh, )
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Filing 46
Summons Returned Unexecuted as to Anthony J. Annucci, Vernon L. Baldwin, David Barringer, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, R. Rizzi, Joan M. Smith. (alh, )
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Filing 45
Letter Motion from Jua Smith requesting a stay or extension of time to serve defendant named as Barnes. (alh, )
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Filing 44
Summons Returned Unexecuted as to Barnes with attached letter from Coxsackie Correctional Facility indicating they do not have a Corrections Officer by the name of Barnes. (Attachments: #1 envelope)(nas, )
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Filing 43
Summons Issued as to Almasi, Anthony J. Annucci, Arvenson, Vernon L. Baldwin, Barnes, David Barringer, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, Jon S. Miller, New York State, Raymond, R. Rizzi, Slaven, Joan M. Smith, Wagner. (copy served on NYS AG by regular mail with amended complaint and order) (alh, )
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Filing 42
Letter from Jua Smith enclosing USM 285 forms for defendants New York State, Daniel F. Martuscello, Jr. and Robin M. Rizzi. (Attachments: #1 Envelope)(Forms located in the Syracuse Clerk's Office for service of process)(alh, )
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Filing 41
MOTION for Reconsideration re #39 Memorandum-Decision and Order, filed by Jua Smith. (Attachments: #1 Exhibit(s), #2 Cover Letter, #3 Envelope) (Clerk notes USM 285 form for defendant John E. Slaven enclosed and located in the Syracuse Clerk's Office for service of process) (alh, )
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Clerk's Office received 17 copies of the amended complaint for service of process. (alh, )
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Filing 40
NOTICE to plaintiff to provide documents on or before 4/13/18 for service of process to be conducted pursuant to the Court's #39 Decision and Order. (served on plaintiff with a copy of the amended complaint and 4 USM285 forms by regular mail) (alh, )
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Filing 39
MEMORANDUM-DECISION AND ORDER: ORDERED, that the Amended Complaint (Dkt. No. #34 ) is deemed the operative pleading in this case. ORDERED, that the Clerk is directed to add "Slaven, Corrections Sergeant," "Brabham, Corrections Officer," and "Huff, Corrections Sergeant" to the docket as defendants. ORDERED, that the following claims survive sua sponte review and require a response: (1) the request for injunctive relief against Martuscello and Annucci in their official capacities with respect to restoration of Plaintiffs privileges; (2) the Eighth Amendment medical indifference claims against Martuscello, Smith, Miller, Baldwin, and Rizzi; (3) the Eighth Amendment conditions of confinement claims against Martuscello, Smith, and Slaven; (4) the Fourteenth Amendment due process claims against Martuscello, Smith, and Barringer regarding Plaintiff's infirmary confinement; (5) the First Amendment retaliation claims against Barringer, Kennewig, Raymond, Arvenson, Wagner, Jackson, Barnes, Martuscello, Smith, Miller, Baldwin, Rizzi, Annucci, Almasi, and Slaven; (6) the First Amendment free exercise claims against Annucci, Martuscello, Smith, Miller, Baldwin, and Rizzi; (7) the claim that Almasi denied Plaintiff access to materials from the general library; (8) the state assault and battery claims against Martuscello, Smith, and Miller; (9) the RLUIPA claim against the State of New York; and (10) the state negligence claims against Martuscello, Smith, Miller, Baldwin, and Rizzi. ORDERED, that the following claims are DISMISSED with prejudice in accordance with 28 U.S.C. 1915(e) (2)(B) and 1915A(b): (1) all claims brought under 1983 against defendants New York State, New York State Judiciary, State of New York Office of the Attorney General, and DOCCS; (2) all claims for monetary damages against the individual defendants in their official capacities; (3) all claims against DiFiore, Peters, McCarthy, and Tailleur; (4) and all claims for monetary damages under RLUIPA; and (5) all claims against defendants Scaturro, Shea, and Best. ORDERED, that all remaining claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED, that defendants Brabham and Huff are DISMISSED without prejudice from this action. ORDERED, that upon receipt from Plaintiff of the documents required for service of process, the Clerk shall issue summonses and forward them, along with copies of the Amended Complaint, to the United States Marshal for service upon defendants New York State, Annucci, Martuscello, Smith, Barringer, Miller, Baldwin, Rizzi, Kenneweg, Wagner, Raymond, Arvenson, Jackson, Barnes, Almasi, and Slaven. The Clerk shall forward a copy of the summons and Amended Complaint by mail to the Office of the New York State Attorney General, together with a copy of this Memorandum-Decision and Order. ORDERED, that a response to Plaintiff's motion for preliminary injunctive relief (Dkt. No. #4 ) be filed by the Defendants within thirty days of the date of service of the summons and Amended Complaint on a defendant. Signed by Senior Judge Lawrence E. Kahn on 3/13/18. {order served via regular mail on plaintiff}(nas)
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Filing 38
TEXT ORDER: The Court previously ordered #9 that a response to Plaintiff's Motion for Preliminary Injunction #4 must be filed by the Defendants within thirty days of the date of service of the summons and Complaint on a defendant. Defendants have yet to be served and plaintiff has filed an amended complaint #34 which the Court will review in due course in accordance with 28 U.S.C. 1915(e)(2)(B) and/or 28 U.S.C. 1915A(b). Plaintiff's #4 Motion for Preliminary Injunction is stayed pending the Court's decision on plaintiff's #34 Amended Complaint. Authorized by Senior Judge Lawrence E. Kahn on 2/22/18. (served on plaintiff by regular mail) (alh, )
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Filing 37
Letter from Jua Smith dated 1/10/18 enclosing a updated USM285 Form for defendant Martuscello. (Attachments: #1 Envelope) (USM 285 Form located in the Syracuse Clerk's Office)(alh, )
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Updated docket report served on plaintiff per request in Dkt. No. 35. (alh, )
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Filing 36
Duplicate #33 Letter from Jua Smith dated 1/2/18 enclosing a copy of Dkt. No. #34 . (Attachments: #1 Envelope) (Copy of Amended Complaint located in the Syracuse Clerk's Office for service of process)(alh, )
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Filing 35
Letter from Jua Smith dated 1/18/18 advising the Court that he recently mailed 2 amended complaints to the court, these are identical. (alh, )
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Filing 34
AMENDED COMPLAINT against Almasi, Anthony J. Annucci, Arvenson, Vernon L. Baldwin, Barnes, David Barringer, Department of Corrections and Community Supervision, Janet DiFiore, Martin A. Hotvet, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, William G. McCarthy, Jon S. Miller, Kate H. Nepveu, New York State, New York State Judiciary, Karen K. Peters, Raymond, Rachel Rizzi, Joan M. Smith, State of New York Office of the Attorney General, Charles M. Tailleur, Wagner, A. Brabham, Huff, and Slaven, filed by Jua Smith. (Attachments: #1 Affidavit in Support, #2 Envelope)(alh, )
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Filing 33
Letter from Jua Smith regarding the conditions of his confinement. (Attachments: #1 Envelope)(alh, )
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Filing 32
Letter from Jua Smith dated 1/10/18 enclosing USM 285 forms for service. (Attachments: #1 Envelope)(alh, )
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Filing 31
DECISION AND ORDER: ORDERED, that Plaintiff's Motion (Dkt. No. #13 ) is GRANTED in part and DENIED in part. ORDERED, that Plaintiffs Motion is GRANTED with respect to his negligence claim against defendants Martuscello, Smith, Miller, Baldwin, and Rizzi, which SURVIVES initial review and requires a response from these defendants. The Court construes the Complaint to plead negligence as an alternative to Plaintiff's First Amendment retaliation and Eighth Amendment claims. Plaintiff's Motion is otherwise DENIED. ORDERED, that the Clerk of the Court shall provide Plaintiff with copies of the unpublished decisions cited in this Decision and Order. Signed by Senior Judge Lawrence E. Kahn on 1/10/18. (Attachments: #1 Unpublished Decisions Cited) (served on plaintiff by regular mail)(alh, )
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Filing 30
MANDATE of USCA issued 12/22/17 regarding to #15 Notice of Interlocutory Appeal filed by Jua Smith. Motion to withdraw interlocutory appeal is granted. (alh, )
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Filing 29
TEXT ORDER: Plaintiff's letter motion (Dkt. No. #22 ) requesting appointment of counsel for service of process is denied as unnecessary. To the extent plaintiff's letter motion (Dkt. No. 22) seeks appointment of counsel for any other purpose, the motion is denied without prejudice and with leave to renew for the reasons set forth in the Court's Memorandum-Decision and Order (Dkt. No. 9). To the extent plaintiff's letter motion (Dkt. No. 22) seeks sanctions based on mail tampering, that motion, and the letter motion (Dkt. No. #25 ) requesting that the Court consider a supporting declaration, is denied without prejudice. In the event plaintiff prevails on the merits, he may seek reimbursement of costs, including those identified in Dkt. No. 22. Plaintiff's letter motion (Dkt No. #26 ) regarding service of process on defendant Martuscello is denied as premature. In the event service of process on defendant Martuscello is returned by the U.S. Marshal as unexecuted, the Court shall direct counsel for defendants to provide information regarding defendant Martuscello (including his current employment status with DOCCS, and the address[es] at which service of process may be accomplished), and to file a written status report containing that information. The Attorney General's Office need not undertake to defend or indemnify this individual at this juncture. Authorized by Senior Judge Lawrence E. Kahn on 12/20/17. (served on plaintiff by regular mail) (alh, )
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Filing 28
TEXT ORDER: The Court has received 7 copies of plaintiff's complaint and a completed U.S.M. 285 Form for service of process on defendants. The Court accepts these copies as timely and denies as moot plaintiff's letter motion (Dkt. No. #23 ) requesting that the Court accept these submissions. Plaintiff has advised that he intends to amend his complaint to name two additional defendants and assert claims against them. Dkt. No. #27 . Within the time limits set forth in Rule 15 of the Federal Rules of Civil Procedure, plaintiff may file an amended complaint as of right or, if necessary, a motion to amend supported by a proposed amended complaint. Any amended complaint submitted must be a complete pleading and which sets forth all of the claims plaintiff seeks to assert in this action against the persons named as defendants. Any amended complaint must also comply with the pleading requirements of Rules 8 and 10 of the Federal Rules of Civil Procedure. In the event plaintiff files an amended complaint, the Court shall review that pleading in accordance with 28 U.S.C. 1915(e)(2)(B) and 1915A(b). The Clerk is directed to provide plaintiff with a copy of his complaint (Dkt. No. #1 ) to assist with the preparation of any amended complaint. If the Court does not receive an amended complaint from plaintiff within thirty (30) days of the date of this Order, the Clerk shall issue summonses, and service is directed pursuant to the Court's Memorandum-Decision and Order (Dkt. No. #9 ). The deadline to complete service is stayed until further order of the Court. Authorized by Senior Judge Lawrence E. Kahn on 12/20/17. (served on plaintiff with copy of dkt. no. 1 by regular mail) (alh, )
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Filing 27
Letter Motion from Jua Smith dated 12/17/17 requesting leave to attach proposed amended and supplemental paragraphs to the motion for leave to file amended complaint. (Attachments: #1 Cover Letter)(alh, )
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Filing 26
Letter Motion from Jua Smith requesting extension of time for service on defendant Martuscello. (alh, )
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Filing 25
Letter Motion from Jua Smith dated 11/22/17 enclosing Exhibit B of the Declaration filed by plaintiff ( #22 Letter Motion). (Attachments: #1 Exhibit B)(alh, )
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Filing 24
Letter from Jua Smith dated 12/3/17 enclosing 8 copies of his complaint for service of process. (Attachments: #1 Envelope/Label)(copies located in the Syracuse Clerk's Office)(alh, )
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Filing 23
Letter Motion from Jua Smith dated 11/23/17 requesting that the Court accept the copies of his complaint that his sister will be sending to the Court for service of process as timely. (Attachments: #1 Cover Letter dated 11/26/17, #2 Envelope) (clerk notes 7 USM 285 forms received for service of process, located in the Syracuse Clerk's Office)(alh, )
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Filing 22
Letter Motion from Jua Smith dated 11/22/17 regarding legal mail tampering and requesting appointment of counsel for service of process and in a stand by capacity for any other purpose, for permission of a family member to provide the Court with documents required for service of process, and for other miscellaneous relief. (Attachments: #1 Plaintiff's Declaration dated 11/12/17 on mailing of service documents to the Court, #2 Plaintiff's Declaration dated 11/22/17, #3 Cover Letter, #4 Envelope)(alh, )
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Filing 21
NOTICE OF STAY OF APPEAL dated 11/17/17 from the 2nd CCA re #15 Notice of Interlocutory Appeal: Since at least one motion cited in FRAP 4(a)(4) has been filed in the district court, this appeal is stayed pending resolution of the motion(s). (alh, )
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Filing 20
TEXT ORDER: Plaintiff has submitted a motion to withdraw his notice of appeal as premature. Dkt. No. #17 ("Motion"). Plaintiff explains that he "failed to observe that filing a Motion to Reconsider extends the time [he has] to file a Notice of Appeal." Id. Plaintiff filed a motion for reconsideration of the Court's October 20, 2017 Memorandum-Decision and Order, Dkt. No. 9, on October 30, 2017. Dkt. No. 13. "Before an appeal has been docketed by the circuit clerk, the district court may dismiss the appeal on the filing of a stipulation signed by all parties or on the appellant's motion with notice to all parties." Fed. R. App. P. 42(a). Once an appeal has been docketed, only the circuit clerk may grant voluntary dismissal. Fed. R. App. P. 42(b). Plaintiff's appeal has been docketed in the Second Circuit Court of Appeals. See Smith v. State of New York, No. 17-3534 (2d Cir.). Because the Court lacks authority to dismiss his appeal, Plaintiff's Motion (Dkt. No. #17 ) is DENIED. If Plaintiff wishes to withdraw his appeal, he must submit a motion to the clerk of the Second Circuit. Authorized by Senior Judge Lawrence E. Kahn on 11/13/17. (served on plaintiff by regular mail) (alh, )
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Filing 19
DECLARATION AND MEMORANDUM OF LAW in support of #13 Motion for Reconsideration filed by Jua Smith. (Attachments: #1 Declaration, #2 Cover Letter, #3 Envelope)(alh, )
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Filing 18
Declaration of Inmate Filing attaching a copy of plaintiff's filing #17 Letter Motion from Jua Smith requesting to withdraw his notice of appeal, filed by Jua Smith. (alh, )
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Filing 17
Letter Motion from Jua Smith requesting to withdraw his notice of appeal. (alh, )
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Filing 16
ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #15 Notice of Interlocutory Appeal (alh, )
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USCA Case Number 17-3534 for #15 Notice of Interlocutory Appeal filed by Jua Smith. (alh, )
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Filing 15
NOTICE OF INTERLOCUTORY APPEAL as to #9 Memorandum-Decision and Order, by Jua Smith. (Attachments: #1 Cover Letter)(alh, )
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Filing 14
Letter Motion from Jua Smith dated 10/26/17 requesting to correct the motion for reconsideration. (Attachments: #1 Cover Letter, #2 Envelope postmarked 10/27/17)(alh, )
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Filing 13
MOTION for Reconsideration dated 10/24/17 re #9 Memorandum Decision and Order, filed by Jua Smith. (Attachments: #1 Cover Letter dated 10/25/17, #2 Envelope postmarked 10/26/17) (alh, )
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Filing 12
Letter Motion from Jua Smith dated 10/24/17 requesting extension of time for service of process. (Attachments: #1 Cover Letter dated 10/25/17, #2 Envelope postmarked 10/26/17)(alh, )
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Filing 11
Prisoner Trust Fund Account Statement. (alh, )
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Filing 10
NOTICE to plaintiff regarding providing copies for service of process pursuant to #9 Memorandum-Decision and Order on or before 11/20/17. (served on plaintiff with copy of complaint and blank USM285 forms by regular mail) (alh, )
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Filing 9
MEMORANDUM-DECISION AND ORDER: ORDERED, that Plaintiff's IFP Application (Dkt. No. #3 ) is GRANTED. ORDERED, the Clerk of the Court edit the docket report to replace "Bates, C.O., Coxsackie Correctional Facility" with "Barnes, C.O., Coxsackie Correctional Facility". ORDERED, that the following claims are DISMISSED with prejudice in accordance with 28 U.S.C. 1915(e)(2)(B) and 1915A(b): (1) all claims brought under Section 1983 against defendants New York State, New York State Judiciary, State of New York Office of the Attorney General, and Department of Corrections and Community Supervision as barred by the Eleventh Amendment; (2) all claims for monetary damages against the individual defendants in their official capacities as barred by the Eleventh Amendment; (3) all claims against DiFiore, Peters, McCarthy, and Tailleur for failure to state a claim upon which relief may be granted and on the basis of absolute judicial immunity; (4) and all claims for monetary damages under RLUIPA. ORDERED, that the following claims survive sua sponte review and require a response: (1) the request for injunctive relief against Martuscello and Annucci in their official capacities with respect to restoration of Plaintiffs privileges; (2) the Eighth Amendment medical indifference claims against Martuscello, Smith, Miller, Baldwin, and Rizzi; (3) the Eighth Amendment conditions of confinement claims against Martuscello and Smith; (4) the Fourteenth Amendment due process claims against Martuscello and Smith regarding Plaintiff's infirmary confinement; (5) the First Amendment retaliation claims against Barringer, Kennewig, Raymond, Arvenson, Wagner, Jackson, Barnes, Martuscello, Smith, Miller, Baldwin, Rizzi, Annucci, and Almasi; (6) the First Amendment free exercise claims against Annucci, Martuscello, Smith, Miller, Baldwin, and Rizzi; (7) the claim that Almasi denied him access to materials from the general library; (8) the state assault and battery claims against Martuscello, Smith, and Miller; and (9) the RLUIPA claim against the State of New York. ORDERED, that all remaining claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED, that defendants New York State Judiciary, State of New York Office of the Attorney General, Department of Corrections and Community Supervision, DiFiore, Peters, McCarthy, Tailleur, Scaturro, Shea, Best, Hotvet, and Nepveu are DISMISSED without prejudice from this action. ORDERED, that upon receipt from Plaintiff 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 New York State, Annucci, Martuscello, Smith, Barringer, Miller, Baldwin, Rizzi, Kenneweg, Wagner, Raymond, Arvenson, Jackson, Barnes (sued here as Bates), and Almasi. 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 Memorandum-Decision and Order. ORDERED, that a response to the Complaint be filed by defendants New York State, Annucci, Martuscello, Smith, Barringer, Miller, Baldwin, Rizzi, Kenneweg, Wagner, Raymond, Arvenson, Jackson, Barnes (sued here as Bates), and Almasi, or their counsel, as provided for in the Federal Rules of Civil Procedure. ORDERED, that Plaintiff's motion for appointment of counsel (Dkt. No. #2 ) is DENIED. ORDERED, that a response to Plaintiff's motion for preliminary injunctive relief (Dkt. No. #4 ) be filed by the Defendants within thirty days of the date of service of the summons and Complaint on a defendant. Signed by Senior Judge Lawrence E. Kahn on 10/20/17. (served on plaintiff by regular mail) (alh, )
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Notification to Superintendent of Filing - Provided Superintendent at Coxsackie Correctional Facility with notice of instant action and a copy of Plaintiff's #5 Inmate Authorization Form. USDC/NYND Finance Dept notified. (alh, )
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Filing 8
Letter from the Court to plaintiff regarding the status of his action. (served on plaintiff with docket report, local rules, and pro se handbook by regular mail) (alh, )
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Filing 7
Letter from Jua Smith dated 10/7/17 requesting the status of the action. (alh, ) (Main Document 7 replaced on 10/12/2017) (alh, ).
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Filing 6
MEMORANDUM OF LAW in support of #4 Motion for Preliminary Injunction filed by Jua Smith. (Attachments: #1 Exhibit(s))(nas, )
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Filing 5
INMATE AUTHORIZATION FORM by Jua Smith. (nas, )
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Filing 4
MOTION for Preliminary Injunction filed by Jua Smith. (Attachments: #1 Affidavit) (nas, )
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Filing 3
MOTION for Leave to Proceed in forma pauperis filed by Jua Smith. (nas, )
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Filing 2
MOTION to Appoint Counsel filed by Jua Smith. (Attachments: #1 Memorandum of Law) (nas, )
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Filing 1
COMPLAINT against Almasi, Anthony J. Annucci, Arvenson, Vernon L. Baldwin, David Barringer, Bates, Jeremy J. Best, Department of Corrections and Community Supervision, Janet DiFiore, Martin A. Hotvet, Jackson, W. Kenneweg, Daniel J. Martuscello, Jr, William G. McCarthy, Jon S. Miller, Kate H. Nepveu, New York State, New York State Judiciary, Karen K. Peters, Raymond, Rachel Rizzi, Angelo Scaturro, Sheila E. Shea, Joan M. Smith, State of New York Office of the Attorney General, Charles M. Tailleur, Wagner filed by Jua Smith. (Attachments: #1 cover letter; proposed summons, #2 envelope)(nas, )
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