Dublino v. Auburn Correctional Facility et al
| Mark Dublino |
| Mr. Knapp, Mr. Klepp, Mr. Wheeler, Mr. McQuire, Mr. Penello, Mr. Sheftic, Mr. Pickert, Mr. Mancini, Timothy McCarthy, Mr. Martin, Leanne Callahan, Mr. Lyman, G. Schenk, Mr. Vanderwerff, Wende Correctional Facility, Brenda J. Walsh, Mr. Grady, Mr. Wade, Mr. Kintzel, Auburn Correctional Facility, Mr. Bradley, Mr. "D", Mr. Nowak, J. Krygier, Mr. Corey, Benjamine A. Wilson, Ms. Jones, Mr. Kirkwood, Mr. Norris, Mr. Thomas, Mr. Sears, Mr. Barlow, Mr. Vendetti, Mr. Byron, Mr. Powell, Stewart Eckert, Ms. Simmons, Mr. Shaneley, Anthony Smith, J. Remington, Mr. Brown, Ms. Vanni, Ms. Vullwhite, Mr. Milnane, Mr. Carhart, Mr. Ferrell, Thomas J. Loughren, Mr. Kroel, Michael C. Polcovich and Babin |
| 9:2019cv00381 |
| April 1, 2019 |
| US District Court for the Northern District of New York |
| Gary L Sharpe |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 3, 2021. A more recent docket listing may be available from PACER.
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Filing 31
TEXT ORDER granting Defendants' #29 Letter Request seeking to hold the deadline to file an Answer to the Complaint in abeyance pending a decision on the Motion for Summary Judgment. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/3/2019. (Copy served upon pro se plaintiff by regular mail). (mab)
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Filing 30
NOTICE TO PLAINTIFF OF RESPONSE DEADLINE of 8/2/2019 re #28 MOTION for Summary Judgment. (Notice mailed to plaintiff by regular mail). (rar)
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Filing 29
Letter Motion from Kyle Sturgess for Mr. Carhart, G. Schenk, Mr. Sheftic, Ms. Vanni, Mr. Vendetti requesting answer deadline be held in abeyance pending determination of pre-answer motion for summary judgment submitted to Judge Hon. Daniel J. Stewart . (Sturgess, Kyle)
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Filing 28
MOTION for Summary Judgment Motion Hearing set for 8/19/2019 10:00 AM in Syracuse before Senior Judge Gary L. Sharpe Response to Motion due by 8/2/2019 Reply to Response to Motion due by 8/8/2019. filed by Mr. Carhart, G. Schenk, Mr. Sheftic, Ms. Vanni, Mr. Vendetti. (Attachments: #1 Statement of Material Facts Defendants' statement of material facts not in dispute, #2 Declaration Declaration of Kyle Sturgess with exhibits (A) Complaint; (B) docket report; and (C) Decision and Order on 28 USC 1915 review, #3 Declaration Declaration of Rachael Seguin with exhibits (A) and (B) inmate grievance packets; (C) CORC active case list; and (D) CORC closed case list, #4 Memorandum of Law Defendants' memo of law in support of pre-answer motion for summary judgment, #5 Declaration of service) (Sturgess, Kyle)
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Filing 27
NOTICE of Appearance by Kyle W. Sturgess on behalf of Mr. Carhart, Mr. Vendetti (Attachments: #1 Declaration of service)(Sturgess, Kyle)
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TEXT RE-NOTICE re #28 MOTION for Summary Judgment : ON SUBMISSION ONLY (no appearances required) returnable on 8/19/2019 before Magistrate Judge Daniel J. Stewart. Response to Motion due by 8/2/2019. Reply to Response to Motion due by 8/8/2019.(Text Re-Notice mailed to plaintiff by regular mail). (rar, )
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Filing 32
Summons Returned Unexecuted as to Mr. Carhart, Mr. Vendetti. (nas, )
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Filing 26
BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $40.00. (rar, )
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Filing 25
DECISION AND ORDER: ORDERED that plaintiff's Second Preliminary Injunction Motion (Dkt. Nos. #12 , #16 ) is DENIED. Signed by Senior Judge Gary L. Sharpe on 7/1/2019. (Decision and Order mailed to plaintiff via regular mail). (rar, )
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Filing 24
NOTICE dated 6/18/19 from Auburn Correctional Facility advising that Dublino is temporarily absent from the facility. (nas, )
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Filing 23
RESPONSE in Opposition re #16 MOTION for Preliminary Injunction, #12 Letter Motion from Dublino requesting injunctive relief filed by G. Schenk, Mr. Sheftic, Ms. Vanni. (Attachments: #1 Memorandum of law in support of declaration in opposition to injunctive-relief application, #2 Declaration of Service)(Sturgess, Kyle)
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Filing 22
Letter from Dublino dated 6/13/19 advising that he is being transferred to Erie County for a court appearance; requesting an extension if there are any deadlines to meet. [updated copy of docket sheet provided]. (nas)
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Filing 21
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Ms. Vanni served on 5/13/2019, answer due 7/12/2019. (rar, )
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TEXT NOTICE RE: #16 MOTION for Preliminary Injunction, #12 Letter Motion from Dublino requesting injunctive relief : Response to Motions due by 6/21/2019 {text notice served via regular mail on plaintiff}(nas, )
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Filing 20
NOTICE of Appearance by Kyle W. Sturgess on behalf of G. Schenk, Mr. Sheftic, Ms. Vanni (Attachments: #1 Declaration of service)(Sturgess, Kyle)
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Filing 19
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to G. Schenk served on 5/13/2019, answer due 7/12/2019. (rar, )
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Filing 18
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Mr. Sheftic served on 5/13/2019, answer due 7/12/2019. (rar, )
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Filing 17
Prisoner Trust Fund Account Statement. (rar, )
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Filing 16
MOTION for Preliminary Injunction filed by Mark Dublino. (Attachments: #1 Affidavit in Support, #2 Exhibit(s), #3 Affidavit of Service, #4 envelope) (rar) (Attachment 2 replaced on 5/22/2019 to delete blank pages) (rar, ).
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(partial) Case transferred from New York Northern has been opened in U.S. District Court, Western District of New York as case 6:19-cv-06354, filed 05/14/2019. (nas, )
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Filing 15
Summons Issued as to Mr. Carhart, G. Schenk, Mr. Sheftic, Ms. Vanni, Mr. Vendetti. Copies of Summons, Complaint and the Decision and Order dated 5/9/2019 provided to the New York State Attorney General. (rar)
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Filing 14
DECISION and ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. #2 ) is GRANTED. ORDERED that the Clerk file a copy of the Claims and Supporting Documents (Dkt. No. [3-4] immediately following the signature page of the complaint, and a copy of the Supplement to Complaint (Dkt. No. [11) immediately following the Claims and Supporting Documents insert. ORDERED that the Clerk is directed to amend the docket to add Babin, Hearing Officer, Auburn Correctional Facility, as a defendant. ORDERED that the claims arising out of plaintiff's confinement at Wende Correctional Facility are severed and transferred to the Western District of New York. ORDERED that the Clerk shall advise the Clerk of the Western District of New York, in writing, of the entry of this Order and provide that Clerk with a certified copy of this Order and of the docket sheet for this action, together with all information necessary for the Western District Clerk to electronically access the documents filed in this action. ORDERED that the Clerk shall remove Wende Correctional Facility, Mr. Klepp, Mr. Ferrell, Mr. Wade, J. Krygier, Mr. Kintzel, Mr. Sears, Mr. Shaneley, Mr. Brown, Mr. McQuire, Mr. Byron, Mr. Martin, Mr. Thomas, Mr. Lyman, Mr. Mancini, Mr. Barlow, Mr. Kroel, Mr. Bradley, Mr. Wade, Stewart Eckert, Benjamine A. Wilson, and Mr. Brown from the docket as defendants in the Northern District action. ORDERED that plaintiff's First Amendment free-flow-of-mail claim against defendants Sheftic, Vanni, Shanke, and Carhardt and First Amendment retaliation claim against defendant Vendetti SURVIVE sua sponte review and require a response. ORDERED that plaintiff's claims for monetary damages against Auburn Correctional Facility and the non-severed named defendants in their official capacity are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) as barred by the Eleventh Amendment. ORDERED that all remaining claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED that Auburn Correctional Facility is DISMISSED with prejudice as a defendant. ORDERED that the following individuals are DISMISSED without prejudice as defendants: Ms. Jones, Mr. Kirkwood, Mr. Wheeler, Ms. Vullwhite, Mr. Knapp, Mr. Norris, Mr. Vanderwerff, J. Remington, Mr. "D", Mr. Milnane, Mr. Nowak, Mr. Pickert, Mr. Penello, Mr. Corey, Mr. Grady, Anthony Smith, Ms. Simmons, Mr. Powell, Timothy McCarthy, Brenda J. Walsh, Michael C. Polcovich, Thomas J. Loughren, Leanne Callahan. ORDERED that plaintiff's Preliminary Injunction Motion (Dkt. No. #3 ) is DENIED without prejudice. ORDERED that the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon defendants Sheftic, Vanni, Shanke, Carhardt, and Vendetti. 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 Decision and Order. ORDERED that a response to the complaint be filed by defendants Sheftic, Vanni, Shanke, Carhardt, and Vendetti, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Gary L. Sharpe on 5/9/2019.(Decision and Order mailed to plaintiff by regular mail). (rar, )
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Notification to Superintendent of Filing - Provided Superintendent at Auburn Correctional Facility with notice of instant action and a copy of Plaintiff's #9 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rar, )
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Filing 13
AFFIDAVIT in further support re #3 MOTION for Preliminary Injunction by Mark Dublino. (rar)
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Filing 12
Letter Motion from Dublino requesting injunctive relief. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Affidavit of Service) (rar)
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Filing 11
AFFIDAVIT by Mark Dublino. (Attachments: #1 Letters to Mr. B. Babin, #2 Affidavit of Service) (rar)
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Filing 10
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Senior Judge Gary L. Sharpe on 4/14/19. {text order served via regular mail on plaintiff}(nas, )
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Filing 9
INMATE AUTHORIZATION FORM by Mark Dublino. (rar, )
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Filing 8
Letter from Dublino. (Attachments: #1 envelope) (rar, )
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Filing 7
AFFIDAVIT in support of #3 Motion for Preliminary Injunction by Mark Dublino. (Attachments: #1 Exhibit(s)) (rar)
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Filing 6
Submission in support of #1 Complaint by Mark Dublino. (nas, )
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Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. ORDERED that plaintiff's IFP Application is DENIED as incomplete. ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if plaintiff desires to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either (1) pay the full $400.00 filing fee for civil actions or (2) submit a signed Inmate Authorization Form consenting to payment of $350.00 over time. ORDERED that upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review. Signed by Senior Judge Gary L. Sharpe on 4/2/2019. (Order and an Inmate Authorization Form mailed to plaintiff by regular mail.) (rar)
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| Filing 4 INMATE AUTHORIZATION FORM by Mark Dublino. (rar) |
| Filing 3 MOTION for Preliminary Injunction filed by Mark Dublino. (Attachments: #1 Declaration #1, #2 Declaration #2, #3 Memorandum of Law, #4 Claims 1-6, #5 Verification) (rar) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Mark Dublino. (Attachments: #1 Inmate Account Statement) (rar) |
| Filing 1 COMPLAINT against Mr. "D", Auburn Correctional Facility, Mr. Barlow, Mr. Bradley, Mr. Brown(Correction Officer, Wende Correctional Facility), Mr. Brown(Sergeant, Wende Correctional Facility), Mr. Byron, Leanne Callahan, Mr. Carhart, Mr. Corey, Stewart Eckert, Mr. Ferrell, Mr. Grady, Ms. Jones, Mr. Kintzel, Mr. Kirkwood, Mr. Klepp, Mr. Knapp, Mr. Kroel, J. Krygier, Thomas J. Loughren, Mr. Lyman, Mr. Mancini, Mr. Martin, Timothy McCarthy, Mr. McQuire, Mr. Milnane, Mr. Norris, Mr. Nowak, Mr. Penello, Mr. Pickert, Michael C. Polcovich, Mr. Powell, J. Remington, G. Schenk, Mr. Sears, Mr. Shaneley, Mr. Sheftic, Ms. Simmons, Anthony Smith, Mr. Thomas, Mr. Vanderwerff, Ms. Vanni, Mr. Vendetti, Ms. Vullwhite, Mr. Wade(Correction Officer, Wende Correctional Facility), Brenda J. Walsh, Wende Correctional Facility, Mr. Wheeler, Benjamine A. Wilson filed by Mark Dublino. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 envelope) (rar, ) |
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