Newman v. Herzog et al
||July 12, 2019
||US District Court for the Northern District of New York
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28:2254 Petition for Writ of Habeas Corpus (State)
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|July 12, 2019
DECISION & ORDERED, that the Report-Recommendation (Dkt. No. 53 in 3:17-cv-918) is ADOPTED in part and REJECTED in part; and it is further ORDERED, that Plaintiffs claims seeking damages against Annucci and Herzog, including his claims under New York law, are DISMISSED without leave to amend for the reasons stated herein and in the Report-Recommendation; and it is further ORDERED, that Plaintiffs constitutional claims challenging his conditions of post-release supervision SURVIVE sua sponte revi ew and require a response; and it is further ORDERED, that this action is CONSOLIDATED with Newman v. Stanford, Case No. 9:19-CV-118. All future filings shall be made in this case, No. 3:17-CV-918, which shall be designated as the Lead Case; and it is further ORDERED, that John S. Wallenstein Esq., 1100 Franklin Ave. # 100, Garden City, New York 11530, is appointed under 18 U.S.C. § 3006A(a)(2)(B) to represent Plaintiff/Petitioner in these consolidated cases. The Clerk is directed to prepa re the appropriate CJA 20 form (Appointment of and Authority to Pay Court Appointed Counsel) to accomplish the foregoing; and it is further ORDERED, that Plaintiff shall, as soon as practicable but no later than thirty days from the date of this Decision and Order, file a letter confirming his current address. Signed by Senior Judge Lawrence E. Kahn on July 12, 2019. (Copy served via regular mail)(sas)
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