Animashaun v. Regner
| Damilola Animashaun and Damilola Animshaun |
| Correction Officer Regner |
| 9:2018cv01119 |
| September 18, 2018 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Gary L Sharpe |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2019. A more recent docket listing may be available from PACER.
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| Filing 30 MANDATORY PRETRIAL DISCOVEYR AND SCHEDULING ORDER: Amended Pleadings due by 3/8/2019. Discovery due by 5/8/2019. Joinder of Parties due by 3/8/2019. Dispositive Motions to be filed by 7/8/2019. Signed by US Magistrate Judge Andrew T. Baxter on 11/8/18. {order served via regular mail on plaintiff}(nas, ) |
Filing 29
DECISION AND ORDER: ORDERED that Plaintiff's motion for default judgment (Dkt. No. #24 ) is DENIED. Signed by Senior Judge Gary L. Sharpe on 10/29/18. {order served via regular mail on plaintiff}(nas, )
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| Filing 28 RESPONSE in Opposition re #24 MOTION for Default Judgment as to Regner Letter Brief in opposition filed by Regner. (Leris, Konstandinos) |
| TEXT NOTICE RE: #24 MOTION for Default Judgment as to Regner : Response to Motion due by 10/5/2018 {notice served via regular mail on plaintiff}(nas, ) |
| Filing 27 NOTICE of Appearance by Konstandinos D. Leris on behalf of All Defendants (Leris, Konstandinos) |
| Filing 26 Case transferred in from District of New York Western; Case Number 6:17-cv-06053. electronically transferred when case opened |
| Filing 25 DECISION AND ORDER Defendant's motion to transfer this action #19 is is granted. The Clerk of the Court is hereby ordered to transfer this action to the United States District Court for the Northern District of New York. Signed by Hon. David G. Larimer on 8/14/2018. (KAH) Copy of this Decision and Order sent by First Class Mail to plaintiff Damilola Animashaun on 8/15/2018 to his address of record. -CLERK TO FOLLOW UP- [Transferred from New York Western on 9/18/2018.] |
| Filing 24 MOTION for Default Judgment as to Regner by Damilola Animashaun. (Original document maintained in case file due to poor scan legibility)(TF) [Transferred from New York Western on 9/18/2018.] |
| Filing 23 MEMORANDUM in Opposition re #19 MOTION to Dismiss filed by Damilola Animashaun. (TF) [Transferred from New York Western on 9/18/2018.] |
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Filing 22
ORDER Scheduling Conference set for 10/3/2018 09:30 AM in Courtroom 4 before Hon. Jonathan W. Feldman. Copy of NEF report and Order mailed to pro se plaintiff. Signed by Hon. Jonathan W. Feldman on 7/23/2018. (MAH) [Transferred from New York Western on 9/18/2018.]
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| Filing 21 TEXT ORDER re #19 MOTION to Dismiss filed by Regner. Plaintiff is hereby advised that the defendant has asked the Court to decide this case without a trial and dismiss the Complaint based on written materials and for the reasons stated in the motion. THE CLAIMS PLAINTIFF ASSERTS IN HIS COMPLAINT MAY BE DISMISSED WITHOUT A TRIAL IF HE DOES NOT RESPOND TO THIS MOTION by addressing the arguments contained in the defendant's motion. If plaintiff has any questions, he may direct them to the Pro Se office. Plaintiff must submit any materials in opposition to defendants' motion no later than 8/24/18. Reply papers by the moving party must be filed no later than eight (8) business days following the filing of responding papers. If plaintiff fails to respond, the Court will decide the motion based on the Complaint and the motion to dismiss. The Court will not hold oral argument but will decide the motion based on the papers submitted. IT IS SO ORDERED.. Signed by Hon. David G. Larimer on 7/22/18. A copy of this Text Order was mailed to plaintiff at his address of record. (PR) [Transferred from New York Western on 9/18/2018.] |
| Filing 20 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Jonathan W. Feldman for all pretrial matters excluding dispositive motions. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 7/22/18. A copy of this Text Order was mailed to plaintiff at his address of record. (PR) [Transferred from New York Western on 9/18/2018.] |
| Filing 19 MOTION to Dismiss by Regner. (Attachments: #1 Memorandum in Support)(McKay, Heather) [Transferred from New York Western on 9/18/2018.] |
| Filing 18 ANSWER to #1 Complaint by Regner.(McKay, Heather) [Transferred from New York Western on 9/18/2018.] |
| Filing 17 Acknowledgment of Service PR by Damilola Animashaun. Regner served on 5/7/2018, answer due 7/9/2018. (JHF) [Transferred from New York Western on 9/18/2018.] |
| E-Filing Notification: case caption correct, case number incorrect RE #16 NOTICE of Appearance by Heather Lynn McKay on behalf of Regner. If not filed in wrong case no action required. (TF) [Transferred from New York Western on 9/18/2018.] |
| Filing 16 NOTICE of Appearance by Heather Lynn McKay on behalf of Regner (McKay, Heather) [Transferred from New York Western on 9/18/2018.] |
| Filing 15 Mail Returned as Undeliverable to Upstate CF. Docket sheet sent to Damilola Animashaun (TF) [Transferred from New York Western on 9/18/2018.] |
| E-Filing Notification: #14 Letter from Damilola Animashaun (Main Document 14 replaced on 4/25/2018 due to scan quality) (TF) [Transferred from New York Western on 9/18/2018.] |
| Mailed plaintiff a copy of the docket to show that a summons was re issued to the defendant. (TF) [Transferred from New York Western on 9/18/2018.] |
| Filing 14 Letter from Damilola Animashaun to Clerk of Court (TF) (Main Document 14 replaced on 4/25/2018) (TF). [Transferred from New York Western on 9/18/2018.] |
| Summons Reissued as to Regner to 135 State Street, Auburn. Completed summons and Marshal forms. The Clerk's Office has forwarded service packet to the US Marshal. (TF) [Transferred from New York Western on 9/18/2018.] |
| Updated plaintiff's address to Upstate CF per pro se department, as to plaintiff Animashaun. (TF) [Transferred from New York Western on 9/18/2018.] |
| Filing 13 Summons Returned Unexecuted by Damilola Animashaun as to Regner. (TF) [Transferred from New York Western on 9/18/2018.] |
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Filing 12
ORDER denying #11 Motion to Appoint Counsel, without prejudice. Signed by Hon. David G. Larimer on 12/5/17. (copy of order mailed to plaintiff Animashaun) (TF) [Transferred from New York Western on 9/18/2018.]
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| Filing 11 MOTION to Appoint Counsel by Damilola Animashaun.(TF) [Transferred from New York Western on 9/18/2018.] |
| Summons Issued as to Regner. Completed summons and Marshal forms. The Clerk's Office has forwarded service packets to the US Marshal. (TF) [Transferred from New York Western on 9/18/2018.] |
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Filing 10
ORDER granting #5 Motion for Leave to Proceed in forma pauperis; that plaintiff's claim against defendant Regner in his official capacity is dismissed with prejudice; that the Clerk of Court is directed to cause the US Marshal to serve copies of the summons, complaint and this order upon defendant Regner; that the Clerk of Court is directed to forward a copy of this order by email to Ted O'Brien. Signed by Hon. David G. Larimer on 9/27/17. (copy of order mailed to plaintiff and emailed to Ted O'Brien) (TF) [Transferred from New York Western on 9/18/2018.]
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| Filing 9 NOTICE of Change of Address by Damilola Animashaun (updated plaintiff's address) (TF) [Transferred from New York Western on 9/18/2018.] |
| Filing 8 Letter from Damilola Animashaun, to Court Clerk. (Status update letter mailed to plaintiff.) (LB) [Transferred from New York Western on 9/18/2018.] |
| Filing 7 NOTICE of Change of Address by Damilola Animashaun. (LB) [Transferred from New York Western on 9/18/2018.] |
| Filing 6 NOTICE of Change of Address by Damilola Animashaun. (updated plaintiff's address)(TF) [Transferred from New York Western on 9/18/2018.] |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Damilola Animashaun.(TF) [Transferred from New York Western on 9/18/2018.] |
| Filing 4 JUDGMENT administratively terminating action. Signed by Clerk of Court on 2/9/17. (mailed copy of judgment to plaintiff)(TF) [Transferred from New York Western on 9/18/2018.] |
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Filing 3
ORDER denying #2 Motion for Leave to Proceed in forma pauperis; that the Clerk of Court is directed to send plaintiff a form motion to proceed in forma pauperis; the Clerk of Court shall administratively terminate the case; if plaintiff wishes to reopen this action he shall notify the Court in writing no later than 30 days from the date of this order; plaintiff's writing shall include either a motion for proceed IFP and signed prison certification or the $400 total filing fee, upon submission of either the Clerk of Court shall reopen this case.. Signed by Hon. David G. Larimer on 2/9/17. (Copy of order mailed to Plaintiff) (TF) [Transferred from New York Western on 9/18/2018.]
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| Remark: re #3 , also mailed plaintiff a form motion for IFP. (TF) [Transferred from New York Western on 9/18/2018.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Form mailed to plaintiff. (TF) [Transferred from New York Western on 9/18/2018.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Damilola Animashaun.(TF) [Transferred from New York Western on 9/18/2018.] |
| Filing 1 COMPLAINT against Regner, filed by Damilola Animashaun. (Attachments: #1 Exhibit, #2 Civil Cover Sheet and cover letter, #3 Envelope)(TF) [Transferred from New York Western on 9/18/2018.] |
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