Salgado v. New York State Dept. of Corr. & Community Supervision et al
| Antonio Salgado, Jr., Abdul Ali Karim-Rashid, Vincent Delgado and Anthony Salgado |
| Lee, Dr. Bergren, J. Colvin, T. Lavahey, Dr. Sloan, M. Boll, C.O. Morton, M. Bosco, J. Waldron, S. Racette, Brown, C.O. Luther, C. Jackson, C. Goodman, Roberts, B. Fischer, D. Vanburen, J. Lempke, D. Dill, M. F. Hogan, J. Quinn, Sgt. Bombardier, Ives, C.O. Geffert, New York State Office of Mental Health, A. Washer, C.O. Casper, A. Prack, New York State Dept. of Corr. & Community Supervision, D. Lucia, J. Gleason, A. Gonzalez, T. Schlee, P. Piccolo, Dr. Gilani, C. Terry, Ms. Lancto, C.O. Kifner, S. Brown and C. Koenigsman |
| 9:2018cv00495 |
| April 24, 2018 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| XX US, Outside State |
| Thomas J McAvoy |
| David E Peebles |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 10, 2019. A more recent docket listing may be available from PACER.
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Filing 68
Case transferred in from District of New York Western; Case Number 1:13-cv-01108. electronically transferred when case opened
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Filing 67
DECISION and ORDER granting #62 Motion to Sever; granting #62 Motion to Change Venue. All of the claims in the complaint as to defendants Goodman, Gleason, Sloan, Ives, Washer, Jackson, Quinn, Mrs. Brown, Gilani, Lee, Bombardier, Bergren, Waldron, Lancto, Lavalley, Lucia, S. Brown and Bosco are severed from the remainder of the complaint and transferred to the Northern District of New York. The parties are to appear before the Court on 5/7/2018 at 11:00 a.m. for a status conference and to discuss a revised Case Management Order with respect to the remaining claims. The Attorney General is to contact the plaintiff's correctional facility and arrange for plaintiff to have access to a telephone and plaintiffs legal papers at that time. The Attorney General is to contact the Court prior to the conference with the telephone number and extension of the plaintiff. The Court will initiate the call. Signed by Hon. Michael J. Roemer on 4/6/2018. (RAZ) Copy of Decision and Order mailed to pro se plaintiff at Beaumont U.S. Penitentiary.-CLERK TO FOLLOW UP- [Transferred from New York Western on 4/24/2018.]
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SCHEDULING NOTICE. Status Conference set for 5/7/2018 11:00 AM before Hon. Michael J. Roemer. (RAZ) [Transferred from New York Western on 4/24/2018.]
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Filing 66
Copy of Letter from Plaintiff, dated 10/28/17, to Denetra D. Roberts (SG) [Transferred from New York Western on 4/24/2018.]
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Filing 65
Minute Entry for proceedings held before Hon. Michael J. Roemer. Status Conference held on 10/4/2017. No appearance by pro se plaintiff due to the failure of the penitentiary to call into the Court.The Case Management Order #59 now in place will be stayed until defendants' motion to sever #62 is resolved. A new case management order will then be put in place. Appearances: AAG Denetra D. Roberts on behalf of defts. (Court Reporter FTR Gold.) (RAZ) Copy of minute entry mailed to pro se plaintiff at Beaumont U.S. Penitentiary. [Transferred from New York Western on 4/24/2018.]
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Filing 63
DECISION AND ORDER denying #60 Motion to Appoint Counsel ; denying #61 Motion to Appoint Counsel ; denying #61 Motion to Stay. Status conference scheduled 10/4/2017 at 10:30 AM before Hon. Michael J. Roemer. Signed by Hon. Michael J. Roemer on 9/18/2017. (RAZ) Copy of Decision and Order and Pro Se Litigation Guidelines mailed to pro se plaintiff at Beaumont US Penitentiary. [Transferred from New York Western on 4/24/2018.]
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SCHEDULING NOTICE. Status Conference set for 10/4/2017 10:30 AM before Hon. Michael J. Roemer. (RAZ) [Transferred from New York Western on 4/24/2018.]
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E-Filing Notification: MOTION to Change Venue added to #62 MOTION to Sever (SG) [Transferred from New York Western on 4/24/2018.]
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SCHEDULING NOTICE as to #62 Motion to Sever and Change Venue. Responses due by 10/23/2017. Replies due by 11/6/2017. Oral argument will be held at the Court's discretion. (RAZ) Copy of Scheduling Notice mailed to pro se plaintiff at Beaumont U.S. Penitentiary. [Transferred from New York Western on 4/24/2018.]
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Filing 62
MOTION to Sever by Bergren, Bombardier, M. Bosco, S. Brown, Casper, J. Colvin, B. Fischer, Geffert, Gilani, J. Gleason, A. Gonzalez, C. Goodman, Ives, C. Jackson, Kifner, C. Koenigsman, Lancto, T. Lavahey, Lee, J. Lempke, D. Lucia, Luther, Morton, P. Piccolo, J. Quinn, S. Racette, T. Schlee, Sloan, C. Terry, D. VanBuren, J. Waldron, A. Washer. (Attachments: #1 Memorandum in Support)(Roberts, Denetra). Added MOTION to Change Venue on 9/19/2017 (SG). [Transferred from New York Western on 4/24/2018.]
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Filing 61
LETTER MOTION to Appoint Counsel, MOTION to Stay by Antonio Salgado, Jr.(SG) [Transferred from New York Western on 4/24/2018.]
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Filing 60
LETTER MOTION to Appoint Counsel by Antonio Salgado, Jr.(KLH) [Transferred from New York Western on 4/24/2018.]
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Filing 59
CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)Initial Disclosures due by 9/22/2017. Motions to Join Parties/Amend Pleadings due by 10/20/2017. Motions to Compel Discovery due by 3/16/2018. Discovery completed by 4/16/2018. Plaintiff Expert Witness ID due by 4/30/2018. Defendant Expert Witness ID due by 5/14/2018. Dispositive Motions due by 8/10/2018. Signed by Hon. Michael J. Roemer on 8/8/2017. (RAZ) Copy of docket entry and Case Management Order mail to pro se plaintiff at Beaumont U.S. Penitentiary. [Transferred from New York Western on 4/24/2018.]
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Filing 58
Minute Entry for proceedings held before Hon. Michael J. Roemer. Preliminary Pretrial Conference not held on 8/8/2017. Court unable to make contact with pro se plaintiff in the Beaumont US Penitentiary despite having call-in information. Case Management Order to be issued. Appearances: AAG Dentra D. Roberts on behalf of defts. (Court Reporter FTR Gold.) (RAZ) Copy of minute entry mailed to pro se plaintiff at Beaumont US Penitentiary. [Transferred from New York Western on 4/24/2018.]
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SCHEDULING NOTICE. Pretrial Conference set for 8/10/2017 at 10:30 AM has been RESCHEDULED to 8/8/2017 at 10:30 AM before Hon. Michael J. Roemer. The Attorney General is to contact the plaintiff's correctional facility and arrange for plaintiff to have access to a telephone and plaintiffs legal papers at that time. The Attorney General is to contact the Court prior to the conference with the telephone number and extension of the plaintiff. The Court will initiate the call. (RAZ) Copy of this Scheduling Notice has been sent to pro se plaintiff at United States Penitentiary Beaumont. [Transferred from New York Western on 4/24/2018.]
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Filing 57
ORDER OF PRELIMINARY PRETRIAL CONFERENCE. (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)Preliminary Pretrial Conference set for 8/10/2017 10:30 AM before Hon. Michael J. Roemer. Signed by Hon. Michael J. Roemer on 6/26/2017. (RAZ) Copy of docket entry and Preliminary Pretrial Conference Order mailed to pro se plaintiff at United States Penitentiary Beaumont. [Transferred from New York Western on 4/24/2018.]
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Filing 56
DECISION AND ORDER granting in part and denying in part #55 Letter Motion for the Court to Provide Free Copies. Signed by Hon. Michael J. Roemer on 6/16/2017. (RAZ) Copy of docket entry and Decision and Order mailed to pro se plaintiff at United States Penitentiary Beaumont.-CLERK TO FOLLOW UP- [Transferred from New York Western on 4/24/2018.]
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Filing 55
LETTER MOTION for the court to provide free copies. by Antonio Salgado, Jr.(SG) [Transferred from New York Western on 4/24/2018.]
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Filing 54
Minute Entry for proceedings held before Hon. Michael J. Roemer. Initial Pretrial Conference held on 2/15/2017. Plaintiff stated he is not receiving all case filed documents in that he is in transit to a permanent facility. It was agreed to hold the case in abeyance until plaintiff is housed at his permanent facility. Plaintiff to advise the Court when this a accomplished and supply the Court with his permanent address. Appearances: Antonio Salgado, Jr., pro se plaintiff via teleconference; AAG Denetra D. Roberts on behalf of defendants. (Court Reporter FTR Gold.) Copy of docket entry mail to Antonio Salgado, Jr. a/k/a Vincent Delgado at Canaan U.S. Penitentiary. (RAZ) [Transferred from New York Western on 4/24/2018.]
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Mail Returned as Undeliverable. #52 Scheduling Order, Set Hearings, sent to Antonio Salgado, Jr. Mail resent addressed to Antonio Salgado, Jr. a/k/a Vincent Delgado. (RAZ) [Transferred from New York Western on 4/24/2018.]
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Filing 53
ANSWER to #42 Amended Complaint, by Bergren, Bombardier, M. Bosco, S. Brown, Casper, Geffert, Gilani, J. Gleason, C. Goodman, Ives, C. Jackson, Kifner, Lancto, T. Lavahey, Lee, D. Lucia, Luther, Morton, J. Quinn, Sloan, C. Terry, J. Waldron, A. Washer.(Roberts, Denetra) [Transferred from New York Western on 4/24/2018.]
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Filing 52
ORDER OF PRELIMINARY PRETRIAL CONFERENCE. (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)Pretrial Conference set for 2/15/2017 11:30 AM before Hon. Michael J. Roemer. Signed by Hon. Michael J. Roemer on 1/20/2017. (RAZ) Copy of Order and Docket Entry mailed to pro se plaintiff at Canaan U.S. Penitentiary. [Transferred from New York Western on 4/24/2018.]
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Filing 51
REPLY/RESPONSE to re 47 Text Order, filed by Antonio Salgado, Jr. (SG)Original document maintained in case file due to poor legibility. [Transferred from New York Western on 4/24/2018.]
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Remark: Updated Plaintiff's address from Metropolitan Detention Center to Canaan USP pursuant to BOP inmate locator and sent text order 47 to new address. Added name Vincent Delgado as an alias. (CNP) [Transferred from New York Western on 4/24/2018.]
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Filing 50
Mail Returned as Undeliverable. 47 Text Order,, sent to Antonio Salgado, Jr. (SG) [Transferred from New York Western on 4/24/2018.]
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Filing 49
Mail Returned as Undeliverable. 47 Text Order,, sent to Antonio Salgado, Jr. (SG) [Transferred from New York Western on 4/24/2018.]
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Filing 48
Letter from Plaintiff, dated 11/9/16, to Magistrate Judge Roemer, address updated. (SG) [Transferred from New York Western on 4/24/2018.]
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Filing 47
TEXT ORDER: IT HEREBY IS ORDERED that on or before December 14, 2016, Plaintiff shall file with the Clerk of the Court an affidavit explaining in detail why this case should not be dismissed for failure to keep the Court apprised of the Plaintiff's current address pursuant to Local Civil Rule 5.2(d). A copy of this entry has been mailed to Antonio Salgado, Jr., 09-A-1863, GREAT MEADOW CORRECTIONAL FACILITY, Box 51, Comstock, NY 12821-0051. SO ORDERED. Issued by Hon. Richard J. Arcara on 11/14/16. (LAS) [Transferred from New York Western on 4/24/2018.]
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Filing 46
Mail Returned as Undeliverable. #44 Decision and Order, Terminate Motions,, sent to Antonio Salgado, Jr. (SG) [Transferred from New York Western on 4/24/2018.]
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Filing 45
Remark: A copy of Decision and Order #44 with the docket entry has been mailed to Antonio Salgado, Jr., 09-A-1863, GREAT MEADOW CORRECTIONAL FACILITY, Box 51, Comstock, NY 12821-0051 (LAS) [Transferred from New York Western on 4/24/2018.]
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Filing 44
DECISION AND ORDER adopting Magistrate Judge Michael J. Roemer's Report and Recommendation #41 . Defendants' partial motions to dismiss are granted in part and denied in part, as set forth in the conclusion of the Report and Recommendation. The case is referred back to Judge Roemer for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 10/27/16. (LAS) [Transferred from New York Western on 4/24/2018.]
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Filing 43
NOTICE of Appearance by Denetra D. Roberts on behalf of Bergren, Bombardier, M. Bosco, S. Brown, Casper, J. Colvin, B. Fischer, Geffert, Gilani, J. Gleason, A. Gonzalez, C. Goodman, Ives, C. Jackson, Kifner, C. Koenigsman, Lancto, T. Lavahey, Lee, J. Lempke, D. Lucia, Luther, Morton, P. Piccolo, J. Quinn, S. Racette, T. Schlee, Sloan, C. Terry, D. VanBuren, J. Waldron, A. Washer (Roberts, Denetra) [Transferred from New York Western on 4/24/2018.]
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Remark: Updated Plaintiff's address from Wende CF to Great Meadow CF pursuant to #42 amended complaint. Added alias, Abdul Ali Karim-Rashid, to the docket. (CNP) [Transferred from New York Western on 4/24/2018.]
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Filing 42
AMENDED COMPLAINT against Bergren, Bombardier, M. Bosco, S. Brown, Casper, J. Colvin, D. Dill, B. Fischer, Geffert, Gilani, J. Gleason, A. Gonzalez, C. Goodman, Ives, C. Jackson, Kifner, C. Koenigsman, Lancto, T. Lavahey, Lee, J. Lempke, D. Lucia, Luther, Morton, P. Piccolo, A. Prack, J. Quinn, S. Racette, T. Schlee, Sloan, C. Terry, D. VanBuren, J. Waldron, A. Washer, filed by Antonio Salgado, Jr.(SG)Document original filed as part of #31 Response. [Transferred from New York Western on 4/24/2018.]
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Filing 41
-CLERK TO FOLLOW UP-REPORT AND RECOMMENDATION AND ORDER re #33 Motion to Dismiss with attached cert of service filed by M. Bosco, Kifner, J. Quinn, J. Waldron, Brown, B. Fischer, J. Lempke, Morton, T. Lavahey, P. Piccolo, J. Colvin, D. VanBuren, S. Racette, A. Gonzalez, M. Lancto, M. Boll, D. Lucia, C. Koenigsman, M. F. Hogan, #21 Motion to Dismiss with attached cert of service filed by Bombardier, Brown, Lee, Casper, J. Lempke, Gilani, T. Lavahey, Schlee, S. Racette, J. Gleason, M. Lancto, Geffert, D. Lucia, C. Koenigsman, Bergren, M. F. Hogan, M. Bosco, J. Quinn, Kifner, Sloan, J. Waldron, Ives, Roberts, B. Fischer,. Terry, Morton, Luther, Washer, P. Piccolo, J. Colvin, S. Brown, D. VanBuren, C. Goodman, A. Gonzalez, M. Boll, C. Jackson Objections due fourteen days from receipt. Objections to R&R due by 10/3/2016.IS HEREBY ORDERED that the plaintiff's motion #31 to amend the complaint is granted and the amended complaint is substituted for the original complaint. Signed by Hon. Michael J. Roemer on 9/14/2016. (RAZ) Copy of docket entry and Report, Recommendation and Order mailed to plaintiff at Wende Correctional Facility. [Transferred from New York Western on 4/24/2018.]
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Filing 40
ORDER denying #14 Motion to Appoint Counsel. Signed by Hon. Michael J. Roemer on 6/24/2016. (RAZ) Copy of docket entry and Order mailed to pro se plaintiff at Wende Correctional Facility. [Transferred from New York Western on 4/24/2018.]
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SCHEDULING NOTICE as to #33 Motion to Dismiss. Responses due by 8/5/2016. Replies due by 8/19/2016. (RAZ) Copy of docket entry mailed to pro se plaintiff at Wende Correctional Facility. [Transferred from New York Western on 4/24/2018.]
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Remark. Copy of Pro Se Litigation Guidelines mailed to pro se plaintiff at Wende Correctional Facility. (RAZ) [Transferred from New York Western on 4/24/2018.]
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Filing 39
MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Dismiss with attached cert of service by Antonio Salgado, Jr.(SG) [Transferred from New York Western on 4/24/2018.]
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Filing 38
NOTICE of Appearance by Michael J. Russo on behalf of M. Boll, M. Bosco, Brown, J. Colvin, B. Fischer, J. Gleason, A. Gonzalez, C. Goodman, M. F. Hogan, C. Koenigsman, T. Lavahey, J. Lempke, D. Lucia, P. Piccolo, J. Quinn, S. Racette, Roberts, Schlee,. Terry, D. VanBuren, J. Waldron, Washer (Russo, Michael) [Transferred from New York Western on 4/24/2018.]
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SCHEDULING NOTICE as to #33 Motion to Dismiss. Responses due by 6/1/2016. Replies due by 6/15/2016. (RAZ) Copy of this docket entry along with #33 Motion to Dismiss and [33-1] Declaration mailed to plaintiff at Wende Correctional Facility.[Transferred from New York Western on 4/24/2018.]
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Filing 37
Letter from Plaintiff, dated 2/29/16, to Clerk of Court, Address Updated. (SG) [Transferred from New York Western on 4/24/2018.]
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Filing 36
TEXT ORDER REFERRING CASE to Magistrate Judge Michael J. Roemer. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Signed by Hon. Richard J. Arcara on January 16, 2016. Copy of order mailed to plaintiff at Marcy Correctional Facility (JMM) [Transferred from New York Western on 4/24/2018.]
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Filing 35
Letter from Plaintiff, dated 11/23/15, to Clerk of Court re address change (SG) [Transferred from New York Western on 4/24/2018.]
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Remark: Plaintiff's address updated from Attica Correctional Facility to Marcy Correctional Facility pursuant to letter from plaintiff dated 11/23/2015 (JG) [Transferred from New York Western on 4/24/2018.]
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Remark mail returned text order resent to pltf under name Abdul Ali Karim Rashid (name used by DOCCS) (SSK) [Transferred from New York Western on 4/24/2018.]
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Mail Returned as Undeliverable.RTS Name and ID do not match 34 Text Order, Set Deadlines, sent to Antonio Salgado Jr. 09-A-1863 Attica Correctional Facility Box 149 Attica, NY 14011 (MD) [Transferred from New York Western on 4/24/2018.]
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Filing 34
TEXT ORDER re #33 MOTION to Dismiss with attached cert of service filed by M. Bosco, Kifner, J. Quinn, J. Waldron, Brown, B. Fischer, J. Lempke, Morton, T. Lavahey, P. Piccolo, J. Colvin, D. VanBuren, S. Racette, A. Gonzalez, M. Lancto, M. Boll, D. Lucia, C. Koenigsman, M. F. Hogan. Responses due by 6/26/2015. Replies due by 7/31/2015. A copy of this Text Order sent to plaintiff on May 7, 2015 by APG. SO ORDERED. Issued by Hon. H. Kenneth Schroeder, Jr. on May 7, 2015. (APG) [Transferred from New York Western on 4/24/2018.]
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Filing 33
MOTION to Dismiss with attached cert of service by M. Boll, M. Bosco, Brown, J. Colvin, B. Fischer, A. Gonzalez, M. F. Hogan, Kifner, C. Koenigsman, M. Lancto, T. Lavahey, J. Lempke, D. Lucia, Morton, P. Piccolo, J. Quinn, S. Racette, D. VanBuren, J. Waldron. (Attachments: #1 Calhoun Declaration)(Calhoun, Stephanie) [Transferred from New York Western on 4/24/2018.]
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Remark pltf address updated from Five Points Cf to Upstate Cf pursuant to letter from pltf dated 2/26/15 (SSK) [Transferred from New York Western on 4/24/2018.]
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Filing 32
SUMMONS Returned Executed by Antonio Salgado, Jr. D. Lucia served on 9/22/2014;. Terry served on 9/3/2014. (SG) [Transferred from New York Western on 4/24/2018.]
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Filing 31
RESPONSE to Motion re #21 MOTION to Dismiss with attached cert of service filed by Antonio Salgado, Jr. (SG) [Transferred from New York Western on 4/24/2018.]
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Filing 30
Letter with Exhibits from Plaintiff, dated 12/22/14, to Clerk of Court (SG) [Transferred from New York Western on 4/24/2018.]
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Filing 29
TEXT ORDER granting #27 Motion for Extension of Time to File Response/Reply to #21 Motion to Dismiss and finding as moot #28 Motion for Extension of Time to File Response/Reply to #21 Motion to Dismiss: Responses due by 2/6/2015. Replies due by 3/6/2015.Issued by Hon. H. Kenneth Schroeder, Jr on 12/3/2014. (KER) [Transferred from New York Western on 4/24/2018.]
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Filing 28
MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss with attached cert of service by Antonio Salgado, Jr.(SG) [Transferred from New York Western on 4/24/2018.]
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Filing 27
MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss with attached cert of service by Antonio Salgado, Jr.(SG) [Transferred from New York Western on 4/24/2018.]
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Filing 26
Letter from Plaintiff, dated 11/19/14, to Magistrate Judge Schroeder (SG) [Transferred from New York Western on 4/24/2018.]
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Filing 25
TEXT ORDER re #21 MOTION to Dismiss with attached cert of service filed by Bombardier, Brown, Lee, Casper, J. Lempke, Gilani, T. Lavahey, Schlee, S. Racette, J. Gleason, M. Lancto, Geffert, D. Lucia, C. Koenigsman, Bergren, M. F. Hogan, M. Bosco, J. Quinn, Kifner, Sloan, J. Waldron, Ives, Roberts, B. Fischer,. Terry, Morton, Luther, Washer, J. Colvin, P. Piccolo, D. VanBuren, S. Brown, C. Goodman, A. Gonzalez, M. Boll, C. Jackson. Responses due by 12/1/2014. Replies due by 1/5/2015. SO ORDERED. Issued by Hon. H. Kenneth Schroeder, Jr. on October 24, 2014. (APG) [Transferred from New York Western on 4/24/2018.]
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Filing 24
TEXT ORDER REFERRING CASE to Magistrate Judge Hon. H. Kenneth Schroeder, Jr. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Richard J. Arcara on 10/24/14. (LAS) [Transferred from New York Western on 4/24/2018.]
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Filing 23
PLEASE DISREGARD **** Remark: Copy of text order 22 mailed to Antonio Salgado, Jr, 09-A-1863,FIVE POINTS CORRECTIONAL FACILITY, Box 119, Romulus, NY 14541 (LAS) Modified on 10/24/2014 (LAS). [Transferred from New York Western on 4/24/2018.]
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Filing 22
PLEASE DISREGARD ***TEXT ORDER: The Stipulation #5 extending time for the FedEx defendants is approved. Defendants shall answer, move or otherwise respond to the Amended Complaint no later than November 24, 2014. SO ORDERED. Issued by Hon. Richard J. Arcara on 10/24/14. (LAS) Modified on 10/24/2014 (Staff, Lisa). [Transferred from New York Western on 4/24/2018.]
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E-Filing Notification regarding entries 22 and 23 . These entries have been entered in error. Please disregard. (LAS) [Transferred from New York Western on 4/24/2018.]
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Filing 21
MOTION to Dismiss with attached cert of service by Bergren, M. Boll, Bombardier, M. Bosco, Brown, S. Brown, Casper, J. Colvin, B. Fischer, Geffert, Gilani, J. Gleason, A. Gonzalez, C. Goodman, M. F. Hogan, Ives, C. Jackson, Kifner, C. Koenigsman, M. Lancto, T. Lavahey, Lee, J. Lempke, D. Lucia, Luther, Morton, P. Piccolo, J. Quinn, S. Racette, Roberts, Schlee, Sloan,. Terry, D. VanBuren, J. Waldron, Washer. Responses due by 11/6/2014. (Attachments: #1 Memorandum in Support)(Calhoun, Stephanie) [Transferred from New York Western on 4/24/2018.]
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Filing 20
SUMMONS Returned Executed by Antonio Salgado, Jr. Luther served on 8/21/2014, answer due 9/11/2014. (KM) [Transferred from New York Western on 4/24/2018.]
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E-Filing Notification regarding #11 Acknowledgment of Service - Entry corrected to indicate that defendant Lucia was served and not defendant Luther ( please see acknowledgment of service attached to US Marshal Form) (JMM) [Transferred from New York Western on 4/24/2018.]
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Filing 18
TEXT ORDER granting Defendants' Motion for Extension of Time to Answer #17 . Defendants shall answer or otherwise respond to Plaintiffs Complaint, nunc pro tunc, on or before October 23, 2014. Issued by Hon. Richard J. Arcara on 9/5/14. (LAS) [Transferred from New York Western on 4/24/2018.]
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Summons Reissued as to D. Lucia and sent to the Marshal for serice. (SSK) [Transferred from New York Western on 4/24/2018.]
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Filing 19
RESPONSE filed by Antonio Salgado, Jr. re service (SG) [Transferred from New York Western on 4/24/2018.]
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Filing 17
MOTION for Extension of Time to File Answer re #1 Complaint,, with attached cert of service by Bergren, M. Boll, Bombardier, M. Bosco, Brown, S. Brown, Casper, J. Colvin, B. Fischer, Geffert, Gilani, J. Gleason, A. Gonzalez, C. Goodman, M. F. Hogan, Ives, C. Jackson, Kifner, C. Koenigsman, M. Lancto, T. Lavahey, Lee, J. Lempke, D. Lucia, Luther, Morton, P. Piccolo, J. Quinn, S. Racette, Roberts, Schlee, Sloan,. Terry, D. VanBuren, J. Waldron, Washer. (Attachments: #1 Calhoun Declaration)(Calhoun, Stephanie) [Transferred from New York Western on 4/24/2018.]
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Filing 16
SUMMONS Returned Executed by Antonio Salgado, Jr. Brown, Casper, J. Gleason, T. Lavahey and S. Racette served on 8/21/2014, answer due 9/11/2014. (KM) [Transferred from New York Western on 4/24/2018.]
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Filing 15
Acknowledgment of Service PR by Antonio Salgado, Jr. as to Morton. Acknowledgment signed but date not provided. (KB) [Transferred from New York Western on 4/24/2018.]
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Filing 13
Acknowledgment of Service PR by Antonio Salgado, Jr. as to Gilani, Ives, C. Jackson, M. Lancto, Schlee and J. Waldron served on 7/25/2014, answer due 9/24/2014. (KB) [Transferred from New York Western on 4/24/2018.]
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Filing 12
Acknowledgment of Service PR by Antonio Salgado, Jr. as to Bergren, M. Bosco, Geffert, A. Gonzalez, M. F. Hogan, Lee and Sloan served on 7/25/2014, answer due 9/24/2014. (KB) [Transferred from New York Western on 4/24/2018.]
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Filing 11
Acknowledgment of Service PR by Antonio Salgado, Jr. as to Brown, C. Goodman, Kifner, Lucia, P. Piccolo and Roberts served on 7/25/2014, answer due 9/24/2014. (KB) Modified on 9/29/2014 (JMM). [Transferred from New York Western on 4/24/2018.]
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Filing 10
Acknowledgment of Service PR by Antonio Salgado, Jr. as to M. Boll, J. Colvin, B. Fischer, C. Koenigsman, J. Lempke, J. Quinn and D. VanBuren served on 7/25/2014, answer due 9/24/2014. (KB) [Transferred from New York Western on 4/24/2018.]
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Filing 14
MOTION to Appoint Counsel by Antonio Salgado, Jr.(DLC) [Transferred from New York Western on 4/24/2018.]
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Filing 9
Acknowledgment of Service PR by Antonio Salgado, Jr. Bombardier served on 7/7/2014, answer due 9/8/2014. (KB) [Transferred from New York Western on 4/24/2018.]
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Filing 8
Acknowledgment of Service PR by Antonio Salgado, Jr. Washer served on 7/7/2014, answer due 9/8/2014. (KB) [Transferred from New York Western on 4/24/2018.]
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Summons Issued as to Bergren, M. Boll, Bombardier, M. Bosco, Brown, S. Brown, Casper, J. Colvin, B. Fischer, Geffert, Gilani, J. Gleason, A. Gonzalez, C. Goodman, M. F. Hogan, Ives, C. Jackson, Kifner, C. Koenigsman, M. Lancto, T. Lavahey, Lee, J. Lempke, D. Lucia, Luther, Morton, P. Piccolo, J. Quinn, S. Racette, Roberts, Schlee, Sloan,. Terry, D. VanBuren, J. Waldron, Washer and sent to the Marshal for service. (SSK) [Transferred from New York Western on 4/24/2018.]
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Filing 7
ORDER granting #6 Motion for Leave to Proceed in forma pauperis; the Clerk of Court shall cause the U.S. Marshal to serve copies of the Summons, Complaint and this Order upon the named defendants without plaintiff's payment; the defendants are directed to answer the complaint; the claims against the New York State Dept. of Corr. & Community Supervision and New York State Office of Mental Health are dismissed with prejudice and in their entirety, these defendants shall not be served and shall be terminated as parties; plaintiff's motion for appointment of counsel is Denied without prejudice; a copy of this Order shall be emailed to Michael Russo, Assistant Attorney General in Charge. Signed by Hon. Frank P. Geraci, Jr. on 04/28/14. (SG) [Transferred from New York Western on 4/24/2018.]
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Filing 6
MOTION for Leave to Proceed in forma pauperis by Antonio Salgado, Jr.(SG) [Transferred from New York Western on 4/24/2018.]
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Filing 5
JUDGMENT in favor of Bergren, Bombardier, Brown, Casper, Geffert, Gilani, Ives, Kifner, Lee, Luther, Morton, New York State Dept. of Corr. & Community Supervision, New York State Office of Mental Health, Roberts, Schlee, Sloan, Washer,. Terry, A. Gonzalez, B. Fischer, C. Goodman, C. Jackson, C. Koenigsman, D. Lucia, D. VanBuren, J. Colvin, J. Gleason, J. Lempke, J. Quinn, J. Waldron, M. Boll, M. Bosco, M. Lancto, M. F. Hogan, P. Piccolo, S. Brown, S. Racette, T. Lavahey against Antonio Salgado, Jr. Signed by Michael J. Roemer, Clerk of Court on 12/4/13. (SG) [Transferred from New York Western on 4/24/2018.]
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Filing 4
ORDER denying #2 Motion for Leave to Proceed in forma pauperis; case shall be administratively terminated; plaintiff shall notify the Court in writing no later than 12/30/13 if he wishes to reopen the action and shall include either a new motion to proceed in forma pauperis that includes a completed and signed Prison Certification or the $350.00 filing fee and $50.00 administrative fee; upon receipt of the new motion or the filing fee, the Clerk of Court shall re-open the case. Signed by Hon. Frank P. Geraci, Jr. on 12/2/13. (SG) [Transferred from New York Western on 4/24/2018.]
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Filing 3
MOTION to Appoint Counsel by Antonio Salgado.(SG) [Transferred from New York Western on 4/24/2018.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Antonio Salgado.(SG) [Transferred from New York Western on 4/24/2018.]
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Filing 1
COMPLAINT against Bergren, M. Boll, Bombardier, M. Bosco, Brown, S. Brown, Casper, J. Colvin, B. Fischer, Geffert, Gilani, J. Gleason, A. Gonzalez, C. Goodman, M. F. Hogan, Ives, C. Jackson, Kifner, C. Koenigsman, M. Lancto, T. Lavahey, Lee, J. Lempke, D. Lucia, Luther, Morton, New York State Dept. of Corr. & Community Supervision, New York State Office of Mental Health, P. Piccolo, J. Quinn, S. Racette, Roberts, Schlee, Sloan,. Terry, D. VanBuren, J. Waldron, Washer, filed by Antonio Salgado.(SG) [Transferred from New York Western on 4/24/2018.]
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