Heyliger v. Cymbrak et al
| Derek A. Heyliger |
| A. Cymbrak, C. Lagree, Kile Guynup, A. Mussen, K. Wilcox, L. Maloney, Curtis, Belrose, William Perry, Lafountain, J. Waldron, John Carvel, Hulk, Anthony Annucci, Karen Bellemy, Catherine Leahy Scott, Pat Manor, LaFrance, J. Porcelli, Charles Simpson, Jason Effman, Rebecca Loren, S. Bulis, D. Venettozzi, G. King, E. Bell, H. Dominie, Ann McGraff and J. Ryan |
| 9:2017cv00912 |
| August 17, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Clinton |
| David E. Peebles |
| David N. Hurd |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
139
DECISION AND ORDER: ORDERED, that plaintiff's request to proceed with the appeal of this matter in forma pauperis (Dkt. No. 138 ) is DENIED as unnecessary because his in forma pauperis status has not been revoked. Plaintiff may proceed on appe al in forma pauperis without further authorization from this Court. ORDERED, that plaintiff's request for free copies of the final pretrial conference and trial transcripts (Dkt. No. 137 ) is GRANTED. ORDERED, that the Court Reporter furnis h copies of the aforementioned transcript to the Clerk of the Court. ORDERED, that a copy of the transcript be paid for by the United States as provided for in 28 U.S.C. § 753(f). Signed by Magistrate Judge Christian F. Hummel on December 20, 2022. {order served via regular mail on plaintiff}(nas) (Additional attachment(s) added on 12/20/2022: # 1 case law cited) (nas, ).
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Filing
84
DECISION AND ORDER: ORDERED that the 83 Report and Recommendation is accepted in whole. ORDERED that 72 Defendants' motion for partial summary judgment is GRANTED. ORDERED that Plaintiff's Eighth Amendment conditions of confine ment claim against defendant Lafountain regarding his food is DISMISSED. ORDERED that 78 Plaintiff's cross-motion for partial summary judgment is DENIED. ORDERED that pursuant to plaintiff's stipulations, the following claims are DISMIS SED with prejudice: (1) plaintiff's First Amendment retaliation claims against defendants Cymbrak, Guynup, Lafountain, Lagree, Mahoney, Mussen, Perry, and Wilcox insofar as those claims are based on the alleged October 28, 2015 assault; (2) all claims against defendants Annucci, Bellamy, Effman, Loren, Simpson, and Leahy Scott; and (3) plaintiff's excessive force claims against defendants Mahoney and Lafountain. ORDERED that the action is terminated as to defendants Annucci, Bellamy, Effman, Loren, Simpson, and Leahy Scott. The following claims remain for trial: (1) plaintiff's Eighth Amendment excessive force claims against defendants Cymbrak, Guynup, Lagree, Mussen, Wilcox, and Perry based on an alleged October 28, 20 15 use of force; (2) plaintiff's racial discrimination claim against defendant Lagree relating to the October 28, 2015 incident; and (3) plaintiff's First Amendment retaliation claim against defendant Lafountain alleging food tampering, des truction of property, and falsification of property transfer documents. Trial is tentatively scheduled for July 20, 2020 at 9:30 a.m. in Utica, New York. Pre-trial submissions are due on or before July 6, 2020. The parties are directed to adv ise the Court on or before April 1, 2020 whether or not a consent to a jury trial before Magistrate Judge Hummel pursuant to 28 U.S.C. § 636(c) will be executed based on his familiarity with the case. ORDERED that Plaintiff's prior motion for the appointment of counsel is considered renewed and the Clerk is directed to appoint plaintiff pro bono trial counsel. Signed by Judge David N. Hurd on 2/11/2020. {order served via regular mail on plaintiff}(nas)
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Filing
63
DECISION AND ORDER: ORDERED that 56 Report and Recommendation is accepted in whole. ORDERED that 29 Motion to Dismiss is denied. Signed by Judge David N. Hurd on 2/13/19. {order served via regular mail on plaintiff}(nas )
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Filing
57
DECISION AND ORDER : Except as to the extent indicated herein, plaintiff's motions to compel discovery (Dkt. Nos. 47 , 48 , & 54 ) are DENIED. Discovery in this matter is now closed, with the exception of the matters as noted herein. Plain tiff may not serve any further discovery demands in this case. In addition, any further motions to compel discovery will be stricken by the court as untimely pursuant to N.D.N.Y. L.R. 7.1(d)(8). The dispositive motion deadline in this case is here by extended until March 31, 2019. The parties are advised that an appeal from this order may be taken to District Judge David N. Hurd. Any such appeal must be taken within fourteen days of the date of this order. The Clerk is respectfully directed t o serve a copy of this decision and order on the parties in accordance with the local rules of practice for this court, and to modify the court's records as set forth in footnote number one. Based upon the foregoing, it is hereby SO ORDERED. Signed by Magistrate Judge David E. Peebles on 12/26/2018. (Copy served upon plaintiff via regular mail). (sal )
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