Miller v. Annucci et al
| Mary Miller and Daniel Miller |
| Denise Sauther, John Doe 1-3, FNU Kelly, Darwin E. LaClair, Jason Effman, John Doe, Sergeant Brock, Sergeant Funk, Donald Mitchell, Eric Guttwein, Jane Doe, Robert Bentavegna, Joseph Lewis, C.O. Griffiths, Sergeant Castine, FNU Trembath, Mr. Jarvis, Sergeant Compo, C.O. Pollens, Joseph Bonnacci, Ted Meskunas, Nicole Chilton, Steven Maher, Greenhaven Correctional Facility("GCF"), Dr. Bentavegna, Donald Wilkins, Sergeant Brown, Carl Koenigsman, Sergeant Reynolds, FNU Campo, Sergeant Anspach, Thomas Griffin, Sergeant Howard, John Doe 1-5, Lieutenant Hann, Marissa Ouida, Ronald Foster, Anthony Annucci, Sergeant Johanneman, FNU Roe, Martha Ball, C.O. Tanya Rookwood, FNU Norriega, Nancy Chilton, First Name Unknown Doe, C.O. Evangeline Nunez, FNU Howard, Mr. Quimby and Jaifa Collado |
| 9:2019cv01225 |
| October 3, 2019 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| 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 November 25, 2019. A more recent docket listing may be available from PACER.
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Filing 284
TEXT ORDER RE #282 : Plaintiffs request for a pre-motion conference is denied without prejudice as being premature. Defendants have not filed an answer to the complaint in this action as of todays date. Defendants Anthony Annucci, Martha Ball, Joseph Bonnacci, Sergeant Brown, Sergeant Castine, Sergeant Compo, Jason Effman, Ronald Foster, Mr. Jarvis, Joseph Lewis, Steven Maher, Ted Meskunas, Marissa Ouida, Mr. Quimby, Sergeant Reynolds, Denise Sauther are directed to respond to the complaint no later than December 16, 2019. Authorized by Magistrate Judge Therese Wiley Dancks on 11/25/19. {text order served via regular mail on plaintiff}(nas)
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| Filing 283 NOTICE of Appearance by Brian W. Matula on behalf of Anthony Annucci, Martha Ball, Joseph Bonnacci, Sergeant Brown, Sergeant Castine, Sergeant Compo, Jason Effman, Ronald Foster, Mr. Jarvis, Joseph Lewis, Steven Maher, Ted Meskunas, Marissa Ouida, Mr. Quimby, Sergeant Reynolds, Denise Sauther (Matula, Brian) |
| Filing 282 Letter Motion from Daniel Miller requesting pre-motion conference. (nas, ) |
| Filing 281 Letter from Miller. (nas, ) |
| Filing 280 Letter dated 10/7/2019 inquiring as to the status of this case. (Mailing envelope included) (meb) |
| Filing 279 Case transferred in from District of New York Southern; Case Number 7:17-cv-04698. electronically transferred when case opened |
| Filing 278 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 09/23/2019 re: I am therefore respectfully requesting that the court DIRECT Ms. Dawkins to obtain the Hearing Tape and submit it to the court for its review, along with a Transcript for my review. Document filed by Daniel Miller.(sbr) [Transferred from New York Southern on 10/3/2019.] |
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Filing 277
MEMO ENDORSEMENT on re: #276 Letter filed by Daniel Miller. ENDORSEMENT: Simply filing a grievance and not receiving a response does not exhaust all administrative remedies. Moreover, the Court did not receive any attached grievances in prior correspondence about this issue. In any case, the request for such a hearing is denied. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 9/30/2019) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #275 Memorandum & Opinion, to Daniel Miller 15-A-3706 Orleans Correctional Facility 3531 Gaines Basin Road Albion, NY 14411. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 276 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 9/17/19 re: Plaintiff submits this letter with attached Memo-Endorsed Letter by Hon. Kenneth M. Karas, re: Potential Misconduct by Members of the New York State Attorney General's Office; and Plaintiff writes that he was perplexed by the letter/endorsement because he was not seeking relief with respect to any non-parties, with the exception of the hearing to depose the Lieutenant who seized his paperwork, and blamed either "State Agencies" or "State Attorneys" on the Hearing Record. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
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Filing 275
OPINION AND ORDER: For the reasons stated above, Plaintiff's Motion for Sanctions is denied and Defendants' Motion To Dismiss is granted in part and denied in part. All claims related to Franklin andUpstate are severed and transferred to the Northern District of New York; the Green Haven claims remain in this District. Plaintiff's PREA-reporting claims are dismissed for failure to state a claim. Ms. Miller's claim for freedom of association is dismissed with prejudice on qualified immunity grounds and therefore any amendment would be futile. See Jin v. Metro. Life Ins. Co., 310 F.3d 84, 101 (2d Cir. 2002) ("[T]he district court has the discretion to deny leave [to amend] if there is a good reason for it, such as futility.... " (citing Farnan v. Davis, 371 U.S. 178, 182 (1962)). The Court also orders the Parties to conduct limited discovery on the question of administrative exhaustion as to the Green Haven claims, to be completed within 60 days of the date of this Opinion. The Clerk is respectfully directed to terminate the pending motions, (Dkt. Nos. 210, 237), and mail a copy of this Opinion to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/26/2019) (jca) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/3/2019.]
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Filing 274
MEMO ENDORSEMENT on re: #273 Letter re: Plaintiff requests that the Court issue an order directing that a hearing be held, and Lt. Semmel called as a witness to determine exactly who and from what agency cont acted him and directed him to seize plaintiff's papers and read through them, as stated by him in the Disciplinary Hearing Tape # 438-19 without warrant or Court order, filed by Daniel Miller. ENDORSEMENT: The Court is satisfied with Defendants' response on September 20, 2019, Dkt. No. 272. Plaintiff's request for additional hearing is denied. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 9/24/2019) (rj) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #274 Memo Endorsement, to Daniel Miller 15-A-3706 Orleans Correctional Facility 3531 Gaines Basin Road Albion, NY 14411. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 273 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 9/12/19 re: Plaintiff requests that the Court issue an order directing that a hearing be held, and Lt. Semmel called as a witness to determine exactly who and from what agency contacted him and directed him to seize plaintiff's papers and read through them, as stated by him in the Disciplinary Hearing Tape # 438-19 without warrant or Court order. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 272 LETTER addressed to Judge Kenneth M. Karas from Julinda Dawkins dated September 20, 2019 re: Response to Dkt. No. 271, seizure of paperwork. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Serivce)(Dawkins, Julinda) [Transferred from New York Southern on 10/3/2019.] |
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Filing 271
MEMO ENDORSEMENT on re: #270 Letter, filed by Daniel Miller. ENDORSEMENT: The Plaintiff is directed to the Court's Orders at Dkt. Nos. 247 and 256. The Court will not consider new allegations against nonparty individuals that have not been administratively exhausted. Defendants are directed to respond to Plaintiff's allegations about seizure of paperwork by 9/20/19. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the plaintiff. (Signed by Judge Kenneth M. Karas on 9/12/2019) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #271 Memo Endorsement, to Daniel Miller 15-A-3706 Orleans Correctional Facility 3531 Gaines Basin Road Albion, NY 14411. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 270 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 8/30/19 re: (POTENTIAL MISCONDUCT BY MEMBERS OF THE NEW YORK STATE ATTORNEY GENERAL'S OFFICE) - Plaintiff requests a hearing at which time he could question Lt. Semel etc. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 269 LETTER addressed to Judge Kenneth M. Karas from Julinda Dawkins dated September 9, 2019 re: Response to Dkt.No. 266. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther, FNU Trembath. (Attachments: #1 Declaration of Service)(Dawkins, Julinda) [Transferred from New York Southern on 10/3/2019.] |
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Filing 268
MEMO ENDORSEMENT on re: #267 Notice (Other),, filed by Sergeant Funk, Sergeant Castine, Sergeant Reynolds, Ted Meskunas, Anthony Annucci, Thomas Griffin, Jason Effman, Mr. Quimby, Marissa Ouida, Sergeant Brock, C.O. Tanya Rookwood, Ronald Foster, Denise Sauther, Sergeant Johanneman, Robert Bentavegna, Martha Ball, C.O. Evangeline Nunez, Sergeant Brown, Jaifa Collado, Sergeant Compo, Mr. Jarvis, Joseph Lewis, Steven Maher, C.O. Pollens, Joseph Bonnacci, Eric Guttwein, Sergeant Howard. ENDORSEMENT: IT IS SO ORDERED. Attorney Sofya Uvaydov terminated. (Signed by Judge Kenneth M. Karas on 9/4/2019) (jca) [Transferred from New York Southern on 10/3/2019.]
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| Filing 267 NOTICE of Withdrawal as Counsel. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
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Filing 266
MEMO ENDORSEMENT on re: #265 Letter, filed by Daniel Miller. ENDORSEMENT: Defendants are to respond to his note by 9/9/2019. SO ORDERED. The Clerk of the Court is directed to mail a copy fo this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 9/3/2019) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #266 Memo Endorsement, to Daniel Miller 15-A-3706 Orleans Correctional Facility 3531 Gaines Basin Road Albion, NY 14411. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 265 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, re: Plaintiff informs the Court that he is in the SHU because of the Misbehavior Report written by Lt Semmel of Groveland after taking and reading all of the plaintiff's confidential legal work etc. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 264 LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated August 23, 2019 re: Response to Plaintiff's Letter Dated August 4, 2019. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Exhibit A, #2 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 263 LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated August 23, 2019 re: Response to Plaintiff's Letter Dated July 31, 2019. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
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Filing 262
MEMO ENDORSEMENT on re: #260 Letter, filed by Daniel Miller. ENDORSEMENT: Defendants are to respond to this letter by 8/28/19. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 8/21/2019) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #262 Memo Endorsement, to Daniel Miller 15-A-3706 Orleans Correctional Facility 3531 Gaines Basin Road Albion, NY 14411. (aea) [Transferred from New York Southern on 10/3/2019.] |
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Filing 259
MEMO ENDORSEMENT on re: #258 Letter filed by Daniel Miller. ENDORSEMENT: Defendants are directed to respond to Plaintiff's statements regarding the Passage Declaration by 8/23/19. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 8/14/2019) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #259 Memo Endorsement, to Daniel Miller 15-A-3706 Orleans Correctional Facility 3531 Gaines Basin Road Albion, NY 14411. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 261 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 8/6/19 re: (LEGAL PAPERWORK). Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 260 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 8/4/19 re: Plaintiff requests that the Courts order hearings for the return of the respective files in both cases pending before the Courts; and that he does not know whether the Courts will entertain a request for an order directing the return of all legal papers, or if he will need to commence a separate application in each court. Document filed by Daniel Miller. (Attachments: #1 Envelope)(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 258 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 7/31/19 re: I write briefly to update my address which appears above. Document filed by Daniel Miller.(sbr) [Transferred from New York Southern on 10/3/2019.] |
| Filing 257 LETTER. (sbr) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #256 Memo Endorsement, to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
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Filing 256
MEMO ENDORSEMENT on re: #255 Letter filed by Daniel Miller. ENDORSEMENT: Plaintiff is referenced to the Court's Order at Dkt. No. 247. The Court will not consider allegations against individuals who are not parties in this case regarding allegations Plaintiff has not exhausted. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 4/5/2019) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Filing 255 LETTER addressed to Judge Kenneth M. Karas from Vidal Maurice Whitley dated 3/19/2019 re: CONSTRUCTIVE DENIAL OF ACCESS TO PRISON LAW LIBRARY BY C.O. WENZEL. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 254 DECLARATION of Carol Ann Murphy in Support re: #210 MOTION to Dismiss the Second Amended Complaint.. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 253 REPLY MEMORANDUM OF LAW in Support re: #210 MOTION to Dismiss the Second Amended Complaint. . Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Certificate of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 251 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 3/17/2019 re: I write in response to the March 11, 2019 letter filed by Daniel Schulze, Section Chief, and Barbara Hathaway, Deputy Bureau Chief of the Litigation Bureau. Document filed by Daniel Miller. (sac) [Transferred from New York Southern on 10/3/2019.] |
| Filing 250 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated March 17, 2019 re: I write in response to the March 11, 2019 letter filed by Daniel Schulze and Barbara Hathway. Document filed by Daniel Miller.(sbr) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #249 Order on Motion for Leave to File Excess Pages, to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
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Filing 249
ORDER granting #248 LETTER MOTION for Leave to File Excess Pages for Defendants' Reply Memorandum of Law. Granted. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 3/20/2019) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Filing 248 LETTER MOTION for Leave to File Excess Pages for Defendants' Reply Memorandum of Law addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated March 20, 2019. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 252 SUPPLEMENTAL DECLARATION, EXHIBITS, CERTIFICATE OF SERVICE. Document filed by Daniel Miller. (sac) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #247 Order, to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
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Filing 247
ORDER: Accordingly, for the reasons stated above, Mr. Miller's application is denied. The Clerk of Court is directed to mail a copy of this Order to Mr. Miller, and as further set forth in this Order. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/14/2019) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #246 Letter, to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
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Filing 245
ORDER granting #244 Letter Motion for Extension of Time to File Response/Reply re #210 MOTION to Dismiss the Second Amended Complaint. Defendants' Reply is due March 29, 2019. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Replies due by 3/29/2019.) (Signed by Judge Kenneth M. Karas on 3/13/2019) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Filing 244 LETTER MOTION for Extension of Time to File Response/Reply In Support of Defendants' Motion to Dismiss addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated March 12, 2019. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 246 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 3/7/2019 re: Motion for Rule 11 Sanctions. I write respectfully and briefly to respond to Ms. Uvaydov's self-serving letter dated February 27, 2019. Document filed by Daniel Miller. (sac) [Transferred from New York Southern on 10/3/2019.] |
| Filing 243 RESPONSE in Opposition to Motion re: #237 MOTION for Sanctions. . Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Certificate of Service)(Schulze, Daniel) [Transferred from New York Southern on 10/3/2019.] |
| Filing 242 PROPOSED ORDER OF REFERRAL, AND RECOMMENDATION. Document filed by Daniel Miller. (vn) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 10/3/2019.] |
| Filing 241 NOTICE TO COUNSEL seeking MOTION TO IMPOSE SANCTIONS. Document filed by Daniel Miller. (rdz) [Transferred from New York Southern on 10/3/2019.] |
| Filing 240 SUPPORTING DECLARATION. Document filed by Daniel Miller. (rdz) [Transferred from New York Southern on 10/3/2019.] |
| Filing 239 SUPPORTING DECLARATION. Document filed by Daniel Miller. (rdz) [Transferred from New York Southern on 10/3/2019.] |
| Filing 238 DECLARATION of Kyle R. Dean-Archetko. (rdz) [Transferred from New York Southern on 10/3/2019.] |
| Filing 237 MOTION for Sanctions. Document filed by Daniel Miller, Mary Miller. (Attachments: #1 Certificate of Compliance, #2 Certificate of Compliance)(rdz) [Transferred from New York Southern on 10/3/2019.] |
| Filing 236 NOTICE of Motion. Document filed by Daniel Miller, Mary Miller. (Attachments: #1 Certificate of Service)(rdz) [Transferred from New York Southern on 10/3/2019.] |
| Filing 235 LETTER from Daniel Miller dated 2/21/2019 re: I write the facility administration to file this as a grievance and the courts to advise as to the CONTINUING pattern of abuse at this facility. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 234 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 2/19/2019 re: Please be advised that on February 13, 2019, I mailed the original response papers to the court, and the service copy to counsel. I filled out a facility disbursement form for each, had it signed by Law Library Officer LIEBLER, and placed the envelopes into the legal mail box in the Groveland Law Library. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 233 LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated February 27, 2019 re: Plaintiff's Letter Dated February 1, 2019 (Dkt. No. 228). Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 232 APPENDIX OF EXHIBITS TO PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT. Document filed by Daniel Miller. (vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 231 DECLARATION OF DANIEL MILLER IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS THE SECOND AMENDED COMPLAINT. Document filed by Daniel Miller. (vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 230 PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT. Document filed by Daniel Miller. (vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 229 LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated February 13, 2019 re: Plaintiff's Property. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Exhibit A, #2 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 228 LETTER from Daniel Miller dated 2/1/2019 re: I am writing both of you today, with respect to the issue of the retaliatory transfer on January 11, 2019. Document filed by Daniel Miller.(rdz) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #226 Memo Endorsement, Set Deadlines, to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 227 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated January 30, 2019 re: I write respectfully to respond to Ms. Uvaydov's January 25, 2019 submission. Document filed by Daniel Miller.(sbr) [Transferred from New York Southern on 10/3/2019.] |
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Filing 226
MEMO ENDORSEMENT on re: #223 Letter, filed by Daniel Miller. ENDORSEMENT: Defendants are to give Plaintiff his property by 2/12/19. Plaintiff has until 3/8/19 to respond to the Motion to Dismiss. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Responses due by 3/8/2019) (Signed by Judge Kenneth M. Karas on 2/4/2019) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Filing 225 LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated January 31, 2019 re: Plaintiff's Letters. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Exhibit A, #2 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #224 Memo Endorsement, to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
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Filing 224
MEMO ENDORSEMENT on re: #217 Letter,, filed by Sergeant Funk, Sergeant Castine, Ted Meskunas, Anthony Annucci, Thomas Griffin, Jason Effman, Mr. Quimby, Marissa Ouida, Sergeant Brock, C.O. Tanya Rookwood, Ronald Foster, Denise Sauther, Sergeant Johanneman, Robert Bentavegna, Martha Ball, C.O. Evangeline Nunez, Sergeant Brown, Jaifa Collado, Sergeant Compo, Joseph Lewis, Mr. Jarvis, Steven Maher, C.O. Pollens, Joseph Bonnacci, Eric Guttwein, Sergeant Howard. ENDORSEMENT: Plaintiff is to respond to this letter by 2/11/19. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 1/30/2019) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Filing 223 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated January 20, 2019 re: Unless you are willing to issue an order directing the facility to bring me my 2 property bags containing my legal papers and typewriter, I am never going to make the schedule. I don't know when or if they are going to move me. I requested P.C. but I have not received an answer as of yet. Document filed by Daniel Miller.(sbr) [Transferred from New York Southern on 10/3/2019.] |
| Filing 222 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated January 20, 2019 re: If there is in fact a "Rule 12.1 Statement" separate and distinct from the other 4 documents, please send it to me. Document filed by Daniel Miller.(sbr) [Transferred from New York Southern on 10/3/2019.] |
| Filing 221 DECLARATION of Douglas Botsford in Support re: #217 Letter,,. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Lieutenant Hann, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, Donald Mitchell, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 220 DECLARATION of Susan Beck in Support re: #217 Letter,,. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, Donald Mitchell, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Exhibit A, #2 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 219 DECLARATION of Mark Passage in Support re: #217 Letter,,. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Lieutenant Hann, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 218 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #221 Declaration) - AFFIDAVIT of Douglas Botsford in Support re: #217 Letter. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) Modified on 1/28/2019 (db). [Transferred from New York Southern on 10/3/2019.] |
| Filing 217 LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated January 25, 2019 re: Response to Plaintiff Mary Miller's Letter Dated January 17, 2019. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #216 Endorsed Letter, Set Deadlines, to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
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Filing 216
ENDORSED LETTER addressed to Judge Kenneth M. Karas from Mary Miller dated 1/17/2019 re: I am writing in reference of my Son, Daniel Miller Din:15A3706. ENDORSEMENT: Defendants are to provide a detailed response to this Letter by 1/25/19. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Responses due by 1/25/2019) (Signed by Judge Kenneth M. Karas on 1/23/2019) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Filing 215 LETTER from Daniel Miller dated 1/10/2019 re: RETALIATORY TRANSFER FROM MARCY. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 214 LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated January 16, 2019 re: Plaintiff's Transfer. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Exhibit A, #2 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 213 NOTICE of Local Law 12.1 to Pro Se Litigant Who Opposes a Rule 12 Motion re: #210 MOTION to Dismiss the Second Amended Complaint.. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 212 MEMORANDUM OF LAW in Support re: #210 MOTION to Dismiss the Second Amended Complaint. . Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, Donald Mitchell, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 211 DECLARATION of Sofya Uvaydov in Support re: #210 MOTION to Dismiss the Second Amended Complaint.. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 210 MOTION to Dismiss the Second Amended Complaint. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #208 Memo Endorsement, #207 Order on Motion for Leave to File Document, to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403 (aea) [Transferred from New York Southern on 10/3/2019.] |
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Filing 208
MEMO ENDORSEMENT on re: #205 LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated January 3, 2019 re: Opposition to Plaintiff's Letter Motion dated December 18, 2018. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. ENDORSEMENT: The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. Plaintiff's request for a TRO, (Dkt. No. 201), is denied based on his 12/27/18 letter withdrawing his request, and based on Plaintiff's failure to exhaust his administrative remedies with respect to the alleged retaliation. Plaintiff failed to show he was likely to suffer irreparable harm based on receiving a misbehavior report, and he failed to state that he was likely to succeed on the merits. The retaliation Plaintiff alleges is a new claim not related to this case and Plaintiff is reminded that he must properly exhaust new claims, and that unless he can meet the high standard of showing he is likely to suffer irreparable harm, a TRO is not an appropriate remedy. So ordered. (Signed by Judge Kenneth M. Karas on 1/7/2019) (rjm) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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Filing 207
ORDER granting #206 LETTER MOTION for Leave to File Memorandum of Law In Excess of 25 Pages addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated January 3, 2019. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. Request granted for 35-page limit. So ordered. (Signed by Judge Kenneth M. Karas on 1/7/2019) (rjm) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Filing 209 LETTER from Daniel Miller dated 12/27/2018 re: I write to inform the court that the December 18, 2018 retaliatory misbehavior report situation was resolved. Document filed by Daniel Miller.(rdz) [Transferred from New York Southern on 10/3/2019.] |
| Filing 206 LETTER MOTION for Leave to File Memorandum of Law In Excess of 25 Pages addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated January 3, 2019. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 205 LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated January 3, 2019 re: Opposition to Plaintiff's Letter-Motion dated December 18, 2018. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #204 Endorsed Letter, Set Deadlines/Hearings, to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
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Filing 204
ENDORSED LETTER: addressed to Judge Kenneth M. Karas from Daniel Miller dated 12/11/2018 re: I write briefly to object to this eleventh hour request for an adjournment by the defendant's attorney. ENDORSEMENT: This request is Denied. The briefing schedule has been provided and Defendants are entitled to move to dismiss, instead of filing an answer. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/28/2018) (ama) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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Filing 203
ORDER granting #202 Letter Motion for Extension of Time. Granted. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 12/26/2018) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #201 Endorsed Letter, Set Deadlines, to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Set/Reset Deadlines: Responses due by 1/4/2019. (jca) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #203 Order on Motion for Extension of Time, to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403 (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 202 LETTER MOTION for Extension of Time to Respond to Plaintiff's Letter-Motion dated December 18, 2018 addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated December 21, 2018. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
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Filing 201
ENDORSED LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 12/18/2018 re: I am writing you requesting an immediate hearing. ENDORSEMENT: Defendants are entitled to be heard from before the Court will hold a hearing. Accordingly, Defendants are to respond by 12/27/18. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Responses due by 12/27/2018) (Signed by Judge Kenneth M. Karas on 12/21/2018) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #200 Memo Endorsement, #201 Memo Endorsement, to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
| ***DELETED DOCUMENT. Deleted document number #201 MEMO ENDORSEMENT. The document was incorrectly filed in this case. (yv) [Transferred from New York Southern on 10/3/2019.] |
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Filing 200
MEMO ENDORSEMENT on re: #199 Letter, filed by Daniel Miller. ENDORSEMENT: Plaintiffs documents were mailed back to him on 12/10/18. (See Dkt. (entry for 12/10/18)). If Plaintiff does not receive his originals by 12/31/18, he should notify the Court. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 12/19/2018) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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Filing 198
MEMO ENDORSEMENT on re: #197 Letter. ENDORSEMENT: Granted. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Motions due by 1/9/2019. Responses due by 2/8/2019. Replies due by 3/1/2019.) (Signed by Judge Kenneth M. Karas on 12/12/2018) (jwh) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #198 Memo Endorsement, Set Deadlines, to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 199 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 12/10/18 re: Plaintiff informs the Court that along with his last submission of the Order ot Show Cause, he sent in over 200 exhibits, which were all of them originals due to the fact that the law library photocopy machine was out of order for weeks; and that he would like his original exhibits returned to him. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 197 LETTER addressed to Judge Kenneth M. Karas from AAG Sofya Uvaydov dated December 12, 2018 re: Defendants' Proposed Briefing Schedule for Their Motion to Dismiss. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #194 Memo Endorsement, Original documents #191 , #188 to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403 on 12/7/2018. (nb) [Transferred from New York Southern on 10/3/2019.] |
| Request for Copy of the updated Docket Sheet Received: Re #196 Letter. Request for Docket Report, from Daniel Miller received on 12/4/18. Transmission to Pro Se Assistants for processing. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 196 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 11/28/2018 re: I asked that you have the clerk send the originals back after they were imaged. Document filed by Daniel Miller.(rdz) [Transferred from New York Southern on 10/3/2019.] |
| Filing 195 LETTER from Daniel Miller, dated 11/28/18 re: Plaintiff informs the Court that he sent all of his original documents to the Court; and he requested that the Court return the originals after they were imaged/scanned into CM/ECF. He now requests that the Court provide him with an update on the status of that returnof the originals. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
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Filing 194
MEMO ENDORSEMENT on re: #190 Letter, filed by Daniel Miller. ENDORSEMENT: The Clerk is to mail Plaintiff's original documents back to him (those that were submitted on 11/11/18). SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 12/4/2018) (mml) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #193 Memo Endorsement, to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
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Filing 193
MEMO ENDORSEMENT on re: #192 Letter, filed by Daniel Miller. ENDORSEMENT: With respect to the Court's 11/8/18 Order (Dkt. No. 184) denying Plaintiff's request to amend his complaint for a third time, Plaintiff is correct that there is currently no Motion to Dismiss pending. The Court intended to refer to Defendants' imminent filings of their Answers to Plaintiffs Second Amended Complaint. On 5/15/2018, the Court set a briefing schedule for Defendants' Motion to Dismiss Plaintiff's First Amended Complaint (Dkt. No. 141), but then granted Plaintiffs request to amend on 07/03/18 (Dkt. No. 151). Plaintiff filed his Second Amended Complaint on 10/12/18 (Dkt. No. 166), and the Court granted Defendants' request for an extension to Answer the Second Amended Complaint on 10/16/18 (Dkt. No. 165; Dkt (entry on 10/16/18)). Defendants' Answers are due in December 2018. The Court maintains that Plaintiff has had plenty of time to collect evidence, and numerous opportunities to amend his complaint, and that the declaration Plaintiff attached at Dkt. No. 182 only adds background narrative to events that Plaintiff has direct knowledge of. Defendants cannot respond to a continuously moving target and this litigation cannot advance until Defendants have an opportunity to respond. The Court will thus consider whether it is appropriate to let Plaintiff amend his complaint again after Answers are filed and the next steps in this litigation become apparent. With respect to the Court's 11/7/18 Order (Dkt. No. 183) denying Plaintiff's TRO request, the Court has reviewed Plaintiff's response and the exhibits submitted (most of which consist of documents such as grievances and letters, many of which the Court has already seen, that are not relevant to the TRO request, and Plaintiff's filings in state court that are also not relevant to the TRO request), and concludes that the Plaintiff has not provided any new evidence or argument that would lead the Court to reconsider its 11/7/18 ruling. Inmates have no right to be housed in a particular correctional facility, Meachum v. Fano, 427 U.S. 215, 224-25 (1976), fear of future retaliation is too speculative to warrant injunctive relief, Heyliger v. Trombley, No. 16-CV-0980, 2017 WL 1064680, at *2 (N.D.N.Y. Mar. 21, 2017), and the relief Plaintiff seeks is not related to the claims in this Action so that a preliminary injunction or a TRO is not a proper remedy in any event, see Stewart v. INS, 762 F.2d 193, 199 (2d Cir. 1985). Plaintiff's subsequent filings do not provide any evidence that would allow the Court to hold otherwise. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 11/30/2018) (mml) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Filing 191 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 11/12/18 re: Plaintiff writes that this letter-memorandum is submitted in reply to the defendants' Memorandum of Law in Opposition to Plaintiff's Sixth Request for a Preliminary Injunction with a T.R.O.; and that the Court should grant a hearing with respect to these issues etc. Document filed by Daniel Miller. (Attachments: #1 Exhibit)(sc) [Transferred from New York Southern on 10/3/2019.] |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Daniel Miller 15-A-3706 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403 on 11/26/2018. (nb) [Transferred from New York Southern on 10/3/2019.] |
| Filing 192 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 11/13/18 re: Plaintiff informs the Court that he has never been served with any Motion to Dismiss; and that he recently received a docket sheet and there is nothing on it concerning a Motion to Dismiss etc. Document filed by Daniel Miller.(sc) Modified on 11/28/2018 (sc). [Transferred from New York Southern on 10/3/2019.] |
| Filing 190 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 11/13/18 re: Plaintiff informs the Court that he sent his Reply to the Defendants' Memorandum in Opposition to Order to Show Cause along with over 200 pages of exhibits to the Court by giving the envelope to the Law Library Officer on 11/11/18 with a disbursement form, but he does not know whether the Mailroom sent it. Document filed by Daniel Miller.(sc) Modified on 12/6/2018 (sc). [Transferred from New York Southern on 10/3/2019.] |
| Request for Copy of the updated Docket Sheet Received: Re #190 Letter. Request for Docket Report, from D. Miller received on 11/16/18. Transmission to Pro Se Assistants for processing. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 189 PRO SE MEMORANDUM(Letter) dated 11/8/18 re: CHANGE OF ADDRESS for Daniel Miller. New Address: #15A3706, Marcy C.F., P.O. Box 3600, Marcy, New York, 13403. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 188 APPENDIX to #175 Order to Show Cause - Unsigned. Document filed by Daniel Miller. (Attachments: #1 Appendix)(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 187 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 10/31/18, re: Plaintiff informs the Court that in the last seven days, DOCCS has done everything within their power to terrorize him; and he requests that the Court hold a hearing so that he can make a complete record. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
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Filing 184
MEMO ENDORSEMENT on re: #182 Letter, filed by Daniel Miller, Mary Miller. ENDORSEMENT: Denied. Plaintiff has had plenty of time to collect evidence that supports his claims in this case, which are based on conduct to which Plaintiff is a direct witness. The attached declaration does not add anything to Plaintiff's allegations of misconduct by Defendants, but only adds some background narrative. There is a Motion to dismiss pending and the Court intends to rule on that Motion. If it is granted, the Court will then consider whether it is appropriate to let Plaintiff again amend his complaint. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 11/8/2018) (mml) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #184 Memo Endorsement, to Daniel Miller 15-A-3706 Marcy Correctional Facility 900 Old River Road Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
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Filing 183
ORDER: Accordingly, Plaintiff's application is denied. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at the address listed on the docket. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/7/2018) (mml) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #183 Order, to Daniel Miller 15-A-3706 Marcy Correctional Facility 900 Old River Road Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 182 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 10/26/18 re: Plaintiff requests that the Court accept this letter-motion seeking leave to file an additional Amended or Supplemental Complaint, because of the discovery of new evidence. Document filed by Daniel Miller, Mary Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
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Filing 181
ORDER granting #173 Letter Motion for Extension of Time. Granted, on the strict condition that Mr. Miller's status will not change until the TRO is resolved. SO ORDERED. Show Cause Response due by 11/7/2018. (Signed by Judge Kenneth M. Karas on 11/02/2018) (ama) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #181 Order on Motion for Extension of Time, to Daniel Miller 15-A-3706 Marcy Correctional Facility 900 Old River Road Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 180 DECLARATION of Rachael Seguin in Opposition re: #175 Order to Show Cause - Unsigned. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Exhibit 1)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 179 DECLARATION of Douglas Botsford in Opposition re: #175 Order to Show Cause - Unsigned. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 178 DECLARATION of Anne Marie McGrath in Opposition re: #175 Order to Show Cause - Unsigned. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, FNU Campo, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Exhibit 1)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 177 MEMORANDUM OF LAW in Opposition re: #175 Order to Show Cause - Unsigned . Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, FNU Campo, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 175 UNSIGNED ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION WITH T.R.O. filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 173 LETTER MOTION for Extension of Time to Respond to Plaintiff's Order to Show Cause dated October 21, 2018 addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated November 1, 2018. Document filed by Anthony Annucci, Martha Ball, Bentavegna, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #172 Endorsed Letter, to Daniel Miller 15-A-3706 Marcy Correctional Facility 900 Old River Road Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
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Filing 172
ENDORSED LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 10/21/18 re: proposed order to show cause. ENDORSEMENT: The Defense is to respond to this request for a Preliminary Injunction by Nov. 2, 2018 explaining why Plaintiff is being moved back to Graveland Correctional Facility. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. So Ordered. (Signed by Judge Kenneth M. Karas on 10/31/18) (yv) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #170 Memo Endorsement, Set Deadlines, #169 Memo Endorsement, #165 Order on Motion for Extension of Time to Daniel Miller 15-A-3706 Marcy Correctional Facility 900 Old River Road Marcy, NY 13403. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 176 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 10/22/18 re: RETALIATION FOR FILING OF GRIEVANCES. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 174 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, re: Plaintiff writes that he was hoping that the courts would give him relief and stop the abuse, but it has only grown worse, and he cannot even get in front of the judge for a hearing etc. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 171 LETTER addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated October 29, 2018 re: Response to Plaintiff's Letter Dated October 11, 2018. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Sergeant Compo, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, Eric Guttwein, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther, FNU Trembath. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
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Filing 170
MEMO ENDORSEMENT on re: #168 Letter filed by Daniel Miller. The Defense is to respond to this Letter by 10/31/18. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. SO ORDERED. (Responses due by 10/31/2018) (Signed by Judge Kenneth M. Karas on 10/24/2018) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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Filing 169
MEMO ENDORSEMENT on re: #167 Letter, filed by Daniel Miller. ENDORSEMENT: The Second Amended Complaint has been received and filed. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/24/2018) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #170 Memo Endorsement, Set Deadlines, #169 Memo Endorsement, to Daniel Miller 15-A-3706 Groveland Correctional Facility P.O. Box 50 Sonyea, NY 14556. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 168 LETTER from Daniel Miller, dated 10/11/18 re: RETALIATION FOR PRIOR COMPLAINTS. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 167 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 10/7/18 re: Plaintiff submits this letter(see Doc. 162) with attached Disbursement or Refund Request Statemets from the State of New York Department of Corrections & Community Supervision dated 10/1/18. Document filed by Daniel Miller.(sc) Modified on 10/18/2018 (sc). [Transferred from New York Southern on 10/3/2019.] |
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Filing 165
ORDER granting #163 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/16/2018) (jca) [Transferred from New York Southern on 10/3/2019.]
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| Filing 163 LETTER MOTION for Extension of Time to respond to Second Amended Complaint received October 12, 2018 addressed to Judge Kenneth M. Karas from Julinda Dawkins dated October 16, 2018. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, FNU Funk, Thomas Griffin, Eric Guttwein, FNU Howard, FNU Jarvis, FNU Johannesman, Joseph Lewis, Steven Maher, FNU Nunez, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath. (Attachments: #1 Declaration of Service)(Dawkins, Julinda) [Transferred from New York Southern on 10/3/2019.] |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Daniel Miller 15-A-3706 Groveland Correctional Facility P.O. Box 50 Sonyea, NY 14556 on 10/16/2018. (nb) [Transferred from New York Southern on 10/3/2019.] |
| Set/Reset Deadlines: Robert Bentavegna answer due 12/17/2018; Joseph Bonnacci answer due 12/17/2018; FNU Brock answer due 12/17/2018; FNU Brown answer due 12/17/2018; FNU Campo answer due 12/17/2018; FNU Castine answer due 12/17/2018; Nancy Chilton answer due 12/17/2018; Collado answer due 12/17/2018; First Name Unknown Doe answer due 12/17/2018; Jason Effman answer due 12/17/2018; Ronald Foster answer due 12/17/2018; FNU Funk answer due 12/17/2018; Greenhaven Correctional Facility("GCF") answer due 12/17/2018; Thomas Griffin answer due 12/17/2018; Eric Guttwein answer due 12/17/2018; D. Howard answer due 12/17/2018; FNU Howard answer due 12/17/2018; FNU Jarvis answer due 12/17/2018; FNU Johannesman answer due 12/17/2018; FNU Kelly answer due 12/17/2018; Carl Koenigsman answer due 12/17/2018; Darwin E. Laclair answer due 12/17/2018; Joseph Lewis answer due 12/17/2018; Steven Maher answer due 12/17/2018; Ted Meskunas answer due 12/17/2018; FNU Norriega answer due 12/17/2018; FNU Nunez answer due 12/17/2018; Marissa Ouida answer due 12/17/2018; FNU Pollen answer due 12/17/2018; FNU Quimby answer due 12/17/2018; FNU Reynolds answer due 12/17/2018; FNU Rockwood answer due 12/17/2018; FNU Roe answer due 12/17/2018; FNU Sauther answer due 12/17/2018; FNU Trembath answer due 12/17/2018; Donald Wilkins answer due 12/17/2018. (jca) [Transferred from New York Southern on 10/3/2019.] |
| Filing 164 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 10/7/18 re: Plaintiff informs the Court that, as they sit through the trial on this case, he intends to present many witnesses: past correction officers, sergeants, maybe higher ranks as well, members of Gay Officers' Action League, Correctional Association of New York etc. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 166 (2nd) AMENDED COMPLAINT; re: amending #86 Amended Complaint,, against Anthony Annucci, Sergeant Anspach, Martha Ball, Robert Bentavegna, Joseph Bonnacci, Sergeant Brock, Sergeant Brown, Sergeant Castine, Jaifa Collado, Jason Effman, Ronald Foster, Sergeant Funk, Thomas Griffin, C.O. Griffiths, Eric Guttwein, Lieutenant Hann, Sergeant Howard, Mr. Jarvis, Sergeant Johanneman, Joseph Lewis, Steven Maher, Ted Meskunas, Donald Mitchell, C.O. Evangeline Nunez, Marissa Ouida, C.O. Pollens, Mr. Quimby, Sergeant Reynolds, C.O. Tanya Rookwood, Denise Sauther, Nicole Chilton, with JURY DEMAND.Document filed by Mary Miller, Daniel Miller. Related document: #86 Amended Complaint,,.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 162 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 10/7/18 re: Plaintiff notifies the Court that he indeed met the Court's deadline for the submission of his Second Amended Complaint by mailing it via the facility's legal mail/disbursement form system because he did not have sufficient stamps for the extra weight. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Request for Copy of the updated Docket Sheet Received: Re #162 Letter. Request for Docket Report, from Daniel Miller received on 10/11/18. Transmission to Pro Se Assistants for processing. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #161 Memo Endorsement, Set Deadlines, to Daniel Miller 15-A-3706 Groveland Correctional Facility P.O. Box 50 Sonyea, NY 14556. (aea) [Transferred from New York Southern on 10/3/2019.] |
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Filing 161
MEMO ENDORSEMENT on re: #160 Letter filed by Daniel Miller. ENDORSEMENT: Plaintiff is given until 9/30 to file his second Amended Complaint. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Amended Pleadings due by 9/30/2018.) (Signed by Judge Kenneth M. Karas on 9/17/2018) (mml) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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Filing 159
MEMO ENDORSEMENT on re: #158 Letter. Filed by FNU Campo, Collado, Darwin E. Laclair, Anthony Annucci, FNU Trembath, FNU Rockwood, Carl Koenigsman, Donald Wilkins, FNU Norriega, FNU Brock, Ronald Foster, FNU Funk, Robert Bentavegna, FNU Brown, Joseph Lewis, Steven Maher, FNU Howard, Joseph Bonnacci, FNU Sauther, FNU Quimby, FNU Nunez, Ted Meskunas, FNU Reynolds, Thomas Griffin, FNU Kelly, Jason Effman, Marissa Ouida, FNU Roe, FNU Johannesman, FNU Pollen, Martha Ball, FNU Castine, FNU Jarvis, Eric Guttwein. ENDORSEMENT: If Plaintiff wished to file an Amended Complaint, naming the correct Defendants, he must do so within three weeks of this endorsement. The Court may dismiss the action if Plaintiff fails to do so. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 9/12/2018) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #159 Memo Endorsement, to Daniel Miller 15-A-3706 Groveland Correctional Facility P.O. Box 50 Sonyea, NY 14556. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 160 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 9/1/18 re: Plaintiff seeks a short extension of time to file the Second Amended Complaint etc. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 158 LETTER addressed to Judge Kenneth M. Karas from Julinda Dawkins dated September 10, 2018 re: Response to Valentin Order (Dkt. No. 157). Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, Ronald Foster, FNU Funk, Thomas Griffin, Eric Guttwein, FNU Howard, FNU Jarvis, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU Nunez, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Roe, FNU Sauther, FNU Trembath, Donald Wilkins. (Attachments: #1 Declaration of Service)(Dawkins, Julinda) [Transferred from New York Southern on 10/3/2019.] |
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Filing 157
MEMO ENDORSEMENT on re: #156 Letter,, filed by Daniel Miller. ENDORSEMENT: The OAG is to provide the name of the investigator from DOCCS Office of Special Investigations to Plaintiff within 30 days, pursuant to Valentin. Plaintiff shall file his Amended Complaint by August 31, 2018. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Amended Pleadings due by 8/31/2018.) (Signed by Judge Kenneth M. Karas on 8/8/2018) (mml) [Transferred from New York Southern on 10/3/2019.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #157 Memo Endorsement, to the Docket Assistant Clerk for case processing. (mml) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #157 Memo Endorsement, Set Deadlines, to Daniel Miller 15-A-3706 Groveland Correctional Facility P.O. Box 50 Sonyea, NY 14556. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 156 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 7/29/18 re: Plaintiff submits this letter in response to the Court's Order dated 7/19/18; that he submits that the Court should permit the plaintiff to name the defendant to avoid the necessity of another Amended Complaint; and that the objection raised by the defendants as to releasing the name of the John Doe investigator is at least premature and that the Court should direct counsel to provide the name etc. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 155 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 7/23/18 re: Plaintiff requests that the Court issue an order, a copy of which is attached hereto(as indicated), directing the Superintendent to allow him to purchase copies using the advance system set forth in the Departmental Directive for the Law Library. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 154 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 7/12/18 re: Plaintiff requests that the Court grant an extension of 30-days in which to file the Amended Complaint, because the defendants' counsel have not yet complied with the Court's Valentin Order in that they have not provided him with the name of the "John Doe" defendant etc. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
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Filing 153
MEMO ENDORSEMENT on re: #152 Letter filed by FNU Sauther, D. Howard, FNU Campo, FNU Quimby, Collado, Darwin E. Laclair, FNU Nunez, FNU Reynolds, Ted Meskunas, Anthony Annucci, Thomas Griffin, FNU Trembath, FNU Rockwood, Carl Koenigsman, Donald Wilkins, Jason Effman, Marissa Ouida, FNU Johannesman, FNU Norriega, FNU Brock, FNU Pollen, FNU Funk, Robert Bentavegna, Martha Ball, FNU Castine, FNU Brown, Joseph Lewis, Steven Maher, Eric Guttwein, FNU Jarvis, Joseph Bonnacci. ENDORSEMENT: The OAG need only provide name for Defendants whose allegedly improper acts occurred in this District. If Plaintiff thinks he can venue the investigation in this District, he must explain why this is so by 7/30/18. So ordered. The Clerk of Court is directed to mail a copy of this order to the Plaintiff. So ordered. (Signed by Judge Kenneth M. Karas on 7/19/2018) (ne) [Transferred from New York Southern on 10/3/2019.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #153 Memo Endorsement to the Docket Assistant Clerk for case processing. (ne) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #153 Memo Endorsement, to Daniel Miller 15-A-3706 Groveland Correctional Facility P.O. Box 50 Sonyea, NY 14556. (aea) [Transferred from New York Southern on 10/3/2019.] |
| Filing 152 LETTER addressed to Judge Kenneth M. Karas from Julinda Dawkins dated July 18, 2018 re: Attaching a copy of plaintiff's letter to the Court requesting an extension of time to file his Second Amended Complaint. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, FNU Funk, Thomas Griffin, Eric Guttwein, D. Howard, FNU Jarvis, FNU Johannesman, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU Nunez, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, Donald Wilkins. (Attachments: #1 Exhibit A - Plaintiff's Letter to the Court seeking an Extension of Time, #2 Declaration of Service)(Dawkins, Julinda) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #151 Memo Endorsement, Set Deadlines to Daniel Miller 15-A-3706 Groveland Correctional Facility P.O. Box 50 Sonyea, NY 14556. (mhe) [Transferred from New York Southern on 10/3/2019.] |
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Filing 151
MEMO ENDORSEMENT: on re: #150 Response, filed by D. Howard, FNU Campo, Collado, Darwin E. Laclair, Anthony Annucci, FNU Trembath, FNU Rockwood, Carl Koenigsman, Donald Wilkins, FNU Norriega, FNU Brock, Ronald Foster, FNU Funk, Robert Bentavegna, FNU Brown, Joseph Lewis, Steven Maher, Joseph Bonnacci, FNU Sauther, FNU Quimby, FNU Nunez, Ted Meskunas, FNU Reynolds, Thomas Griffin, FNU Kelly, Jason Effman, Marissa Ouida, FNU Johannesman, FNU Pollen, Martha Ball, FNU Castine, FNU Jarvis, Eric Guttwein. ENDORSEMENT: Plaintiff is to file his Second Amended Complaint by 7/24/18. Defendants can either file an Answer or submit a proposed briefing scheduled related to a Motion to Dismiss. The Second Amended Complaint will be the operative complaint going forward, until further Order of the Court. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Amended Pleadings due by 7/24/2018.) (Signed by Judge Kenneth M. Karas on 7/3/2018) (ap) [Transferred from New York Southern on 10/3/2019.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #151 Memo Endorsement, to the Docket Assistant Clerk for case processing. (ap) [Transferred from New York Southern on 10/3/2019.] |
| Filing 150 RESPONSE re: #148 Letter, plaintiff's request to file second amended complaint or in the alternative grant extension of time to file motion to dismiss. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, Ronald Foster, FNU Funk, Thomas Griffin, Eric Guttwein, D. Howard, FNU Jarvis, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU Nunez, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, Donald Wilkins. (Attachments: #1 Declaration of Service)(Dawkins, Julinda) [Transferred from New York Southern on 10/3/2019.] |
| Filing 149 NOTICE OF APPEARANCE by Julinda A. Dawkins on behalf of Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, FNU Funk, Thomas Griffin, Eric Guttwein, FNU Howard, FNU Jarvis, FNU Johannesman, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU Nunez, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, Donald Wilkins. (Dawkins, Julinda) [Transferred from New York Southern on 10/3/2019.] |
| Filing 148 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller, dated 6/10/18 re: Plaintiff writes to the Court that he is seeking reconsideration of the Court-ordered briefing schedule set on 5/15/18, in response to the defendants' pre-motion conference letter, dated 5/7/18; and that he requests that the briefing schedule be vacated etc. Document filed by Daniel Miller.(sc) (Additional attachment(s) added on 6/22/2018: #1 Envelope) (sc). [Transferred from New York Southern on 10/3/2019.] |
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Filing 147
ORDER granting #146 Letter Motion for Extension of Time. Granted. This letter is to be mailed to Plaintiff. So ordered. (Signed by Judge Kenneth M. Karas on 6/8/2018) (ne) Modified on 6/11/2018 (ne). [Transferred from New York Southern on 10/3/2019.]
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| Set/Reset Deadlines: Motions due by 7/16/2018. Responses due by 8/16/2018 Replies due by 9/6/2018. (ne) [Transferred from New York Southern on 10/3/2019.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #147 Order on Motion for Extension of Time to the Docket Assistant Clerk for case processing. (ne) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #147 Order on Motion for Extension of Time to Daniel Miller, 15-A-3706, Groveland Correctional Facility, P.O. Box 50, Sonyea, NY 14556. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 146 LETTER MOTION for Extension of Time To Respond To Complaint addressed to Judge Kenneth M. Karas from Daniel Schulze dated June 7, 2018. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, Ronald Foster, FNU Funk, Thomas Griffin, Eric Guttwein, D. Howard, FNU Howard, FNU Jarvis, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU Nunez, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, Donald Wilkins. (Attachments: #1 Certificate of Service)(Schulze, Daniel) [Transferred from New York Southern on 10/3/2019.] |
| Filing 145 PRO SE MEMORANDUM(Letter) dated 5/27/18 re: CHANGE OF ADDRESS for Daniel Miller. New Address: #15A3706, Groveland C.F., P.O. box 50, Sonyea, New York, 14556. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 144 NOTICE OF CHANGE OF ADDRESS by Sofya Uvaydov on behalf of Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, Ronald Foster, FNU Funk, Thomas Griffin, Eric Guttwein, D. Howard, FNU Howard, FNU Jarvis, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU Nunez, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, Donald Wilkins. New Address: New York State Office of the Attorney General, 28 Liberty Street, New York, NY, USA 10005, 212-416-6551. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
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Filing 143
MEMO ENDORSEMENT on re: #142 Letter, filed by Daniel Miller. Mr. Miller will be given a full opportunity to respond to the motion to dismiss, when it is filed. So ordered. (Signed by Judge Kenneth M. Karas on 5/23/2018) (ne) [Transferred from New York Southern on 10/3/2019.]
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| Filing 142 LETTER addressed to Judge Kenneth M. Karas & Counsel from Daniel Miller dated 5/13/2018 re: I just received the defendants' letter for a pre-motion conference yesterday. Today, before I could write a reply, I was finally packed-up to the moved. I am therefore asking for a short adjournment of the time to file my answer. I will send it as soon as I get to my new Facility, get my property, and get to the law library. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
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Filing 141
ORDER terminating #129 Letter Motion for Conference. Defendants' Motion to Dismiss is due 6/15/18. Plaintiff is to respond by 7/15/18. Defendants are to reply by 8/5/18. The Clerk is to mail a copy of this to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/15/2018) (mml) [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #141 Order on Motion for Conference to Daniel Miller 15-A-3706 Greenhaven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000. (mhe) [Transferred from New York Southern on 10/3/2019.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #141 Order on Motion for Conference to the Docket Assistant Clerk for case processing. (mml) [Transferred from New York Southern on 10/3/2019.] |
| Set/Reset Deadlines: Motions due by 6/15/2018. Responses due by 7/15/2018. Replies due by 8/5/2018. (mml) [Transferred from New York Southern on 10/3/2019.] |
| Filing 140 RESPONSE TO ORDER TO SHOW CAUSE re: #139 Order to Show Cause,,. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, Ronald Foster, FNU Funk, Thomas Griffin, Eric Guttwein, D. Howard, FNU Howard, FNU Jarvis, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU Nunez, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, Donald Wilkins. (Attachments: #1 Exhibit A, #2 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #139 Order to Show Cause to Daniel Miller 15-A-3706 Greenhaven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000. (mhe) [Transferred from New York Southern on 10/3/2019.] |
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Filing 139
ORDER: As of the date of this Order, Plaintiff's transfer, which was approved in November 2017, has yet to be completed. Given the length of the delay, Defendants are hereby ordered to show cause, by no later than May 14, 2018, why Plaintiff has not yet been transferred or why Plaintiff will not be transferred. Failure to respond or provide adequate reason for the delay in Plaintiff's transfer could result in a Court Order directing transfer of Plaintiff immediately. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at the address listed on the docket, and as further set forth in this order. (Signed by Judge Kenneth M. Karas on 5/9/2018) (ap) Modified on 5/10/2018 (ap). [Transferred from New York Southern on 10/3/2019.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #139 Order to Show Cause to the Docket Assistant Clerk for case processing. (ap) [Transferred from New York Southern on 10/3/2019.] |
| Filing 138 LETTER addressed to Judge Kenneth M. Karas & Counsel from Daniel Miller dated 5/1/2018 re: Today is May 1, 2018, and notwithstanding defense counsels' monthly representations, that I would be moved this month, I am still here in Green Haven. Accordingly, and for the record, I repeat and re-iterate my request for the Court to intercede. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 129 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated May 7, 2018. Document filed by Anthony Annucci, Martha Ball, Robert Bentavegna, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Collado, Jason Effman, Ronald Foster, FNU Funk, Thomas Griffin, Eric Guttwein, D. Howard, FNU Jarvis, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU Nunez, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, Donald Wilkins. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 127 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Donald Wilkins. Attempted Service of Summons and Amended Complaint,,. Service was attempted on 04/23/2018. Document filed by Daniel Miller. (mhe) [Transferred from New York Southern on 10/3/2019.] |
| Filing 126 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to D. Howard. Attempted Service of Summons and Amended Complaint,,. Service was attempted on 04/23/2018. Document filed by Daniel Miller. (mhe) [Transferred from New York Southern on 10/3/2019.] |
| Filing 119 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Brock served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by Daniel Miller. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 118 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Howard served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by Daniel Miller. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 117 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Kelly served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by Daniel Miller. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 116 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. Eric Guttwein served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by Daniel Miller. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 115 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Jane Doe. Attempted Service of Summons and Amended Complaint,,. Service was attempted on 4/23/2018. Document filed by Daniel Miller. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 128 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Pollen served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by Daniel Miller. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 125 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. FNU Norriega served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by Daniel Miller. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 124 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Trembath served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by Daniel Miller. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 123 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. FNU Rockwood served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by Daniel Miller. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 122 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Nunez served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by Daniel Miller. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 121 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. FNU Funk served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by Daniel Miller. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 120 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Johannesman served on 4/23/2018, answer due 5/14/2018. Service was accepted by Carol Murphy. Document filed by Daniel Miller. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 113 LETTER from Daniel Miller dated 4/6/18 re: Plaintiff informs the Court that he received a receipt from the U.S. Marshal's Service stating that Nancy Chilton, R.N. could not be identified as an employee; and he requests that the Attorney General's Office look into this matter. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 112 LETTER from Daniel Miller dated 4/23/2018 re: At some point, someone must do their job, and compel DOCCS to move me, as DOCCS has already determined, yet not followed through on. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 111 LETTER from Daniel Miller dated 4/24/2018 re: TRANSFER TO NEW FACILITY. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 137 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Steven Maher served on 4/10/2018, answer due 5/7/2018. Service was accepted by Mark Richter, Asst. Counsel. Document filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 136 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Joseph Lewis served on 4/13/2018, answer due 5/7/2018. Service was accepted by Ellen Jack, HRC II. Document filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 135 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Ted Meskunas served on 4/13/2018, answer due 5/7/2018. Service was accepted by Ellen Jack, IRC II. Document filed by Daniel Miller. (sc) Modified on 5/8/2018 (sc). [Transferred from New York Southern on 10/3/2019.] |
| Filing 134 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. FNU Brock served on 4/13/2018, answer due 5/14/2018. Service was accepted by Ellen Jack, IRC II. Document filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 133 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. FNU Campo served on 4/13/2018, answer due 5/7/2018. Service was accepted by Ellen Jack, IRC II. Document filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 132 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. FNU Castine served on 4/18/2018, answer due 5/9/2018. Service was accepted by Ellen Jack, IRC II. Document filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 131 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Martha Ball served on 4/10/2018, answer due 5/7/2018. Service was accepted by Mark Richter, Asst. Counsel. Document filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 130 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Joseph Bonnacci served on 4/10/2018, answer due 5/7/2018. Service was accepted by Mark Richter, Asst. Counsel. Document filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 114 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Carl Koenigsman served on 4/10/2018, answer due 5/8/2018. Service was accepted by Mark Richter, Asst Counsel. Document filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 110 MANDATE of USCA (Certified Copy) USCA Case Number 17-3785. Petitioner, pro se, has filed a petition for a writ of mandamus and moves for leave to proceed in forma pauperis and an injunction. Upon due consideration, it is hereby ORDERED that the motion for leave to proceed in forma pauperis is GRANTED for the purpose of filing the mandamus petition. It is further ORDERED that the mandamus petition is DENIED because Petitioner has not demonstrated a clear and indisputable right to the requested relief or that he lacks adequate alternative means to obtain the relief. See Linde v. Arab Bank, PLC, 706 F.3d 92, 107- 08 (2d Cir. 2013). It is further ORDERED that the motion for an injunction is DENIED as moot.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/24/2018. (nd) [Transferred from New York Southern on 10/3/2019.] |
| Filing 109 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 4/15/2018 re: It is now April 15, 2018, and according to the Lieutenant, he sees NOTHING about me being transferred this month. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 108 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 4/6/2018 re: On March 10, 2018, I received a receipt from the U.S. Marshal's Service, stating that Nancy Chilton, R.N. could not be identified as an employee. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 106 LETTER from Daniel Miller dated 3/22/2018 re: I enclose herewith copies of a letter written by Eugene Randolph, one of the key witnesses in my case. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 99 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated March 21, 2018 re: I write to you, AGAIN, concerning my safety and welfare at Greenhaven, and to advise you both as to the latest antics at Greenhaven. I am therefore asking, YET AGAIN, for an order directing that the defendants SHOW CAUSE why the court should not direct my IMMEDIATE TRANSFER to the facility to which I have ALREADY been transferred, NOW OVER 5 MONTHS. Document filed by Daniel Miller. (sac) [Transferred from New York Southern on 10/3/2019.] |
| Filing 98 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 3/13/2018 re: I am asking for permission to file these documents, and that you Honor order an IMMEDIATE hearing for my ORDER TO SHOW CAUSE. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 97 LETTER addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated March 22, 2018 re: Plaintiff's Transfer. Document filed by Anthony Annucci, Robert Bentavegna, Collado, Jason Effman, Thomas Griffin. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 107 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. Marissa Ouida served on 3/14/2018, answer due 5/14/2018. Service was made by Mail. Document filed by Daniel Miller. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 105 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Jarvis served on 3/5/2018, answer due 5/4/2018. Service was accepted by Ronald Javis - Self. Document filed by Daniel Miller. (mhe) [Transferred from New York Southern on 10/3/2019.] |
| Filing 104 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Reynolds served on 3/5/2018, answer due 5/4/2018. Service was accepted by Richard Reynolds - Self. Document filed by Daniel Miller. (mhe) [Transferred from New York Southern on 10/3/2019.] |
| Filing 103 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. FNU Quimby served on 2/23/2018, answer due 4/24/2018. Service was accepted by F. Quimby - Self. Document filed by Daniel Miller. (mhe) [Transferred from New York Southern on 10/3/2019.] |
| Filing 102 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. FNU Sauther served on 2/23/2018, answer due 4/24/2018. Service was accepted by D. Sauther - Self. Document filed by Daniel Miller. (mhe) [Transferred from New York Southern on 10/3/2019.] |
| Filing 101 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Ronald Foster served on 3/5/2018, answer due 5/4/2018. Service was accepted by Ronald Foster - Self. Document filed by Daniel Miller. (mhe) [Transferred from New York Southern on 10/3/2019.] |
| Filing 100 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Darwin E. Laclair served on 2/26/2018, answer due 4/27/2018. Service was accepted by Darwin Laclair - Self. Document filed by Daniel Miller. (mhe) [Transferred from New York Southern on 10/3/2019.] |
| Filing 95 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 3/11/2018 re: Enclosed herewith please find a copy of a letter sent by EUGENE RANDOLPH to his attorney. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 94 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 3/10/2018 re: I write this letter respectfully to request permission from the Court to file, and to provide you with copies of the proposed ORDER TO SHOW CAUSE and EMERGENCY DECLARATIONS, seeking that my previously authorized transfer he affected immediately, and without further delay. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 93 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 3/4/2018 re: I write this letter to document further violations of my civil rights occurring between March 3, 2018 and March 4, 2018 at Green Haven Correctional Facility. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 92 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Nancy Chilton. Attempted Service of Summons and Amended Complaint. Service was attempted on 3/1/18. Document filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 91 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 2/12/2018 re: Since DOCCS has me held in limbo pending the transfer, with no realistic date in sight, and since you will not issue an order DIRECTING them to move me,... Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 90 LETTER addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated February 6, 2018 re: Plaintiff's Transfer. Document filed by Anthony Annucci, Robert Bentavegna, Collado, Jason Effman, Thomas Griffin. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 89 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 1/31/2018 re: To begin, it is now February 1, 2018, and I have still not been transferred, even though the DOCCS Computer lists me as "pending transfer action". Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
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Filing 88
ORDER granting #87 Letter Motion for Extension of Time. Granted. SO ORDERED. The Clerk of the court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 2/4/2017) (rj) [Transferred from New York Southern on 10/3/2019.]
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| Set/Reset Deadlines: Anthony Annucci answer due 5/7/2018; Martha Ball answer due 5/7/2018; Robert Bentavegna answer due 5/7/2018; Joseph Bonnacci answer due 5/7/2018; FNU Brock answer due 5/7/2018; FNU Brown answer due 5/7/2018; FNU Campo answer due 5/7/2018; FNU Castine answer due 5/7/2018; Nancy Chilton answer due 5/7/2018; Collado answer due 5/7/2018; First Name Unknown Doe answer due 5/7/2018; Ronald Foster answer due 5/7/2018; FNU Funk answer due 5/7/2018; Greenhaven Correctional Facility("GCF") answer due 5/7/2018; Thomas Griffin answer due 5/7/2018; Eric Guttwein answer due 5/7/2018; D. Howard answer due 5/7/2018; FNU Howard answer due 5/7/2018; FNU Jarvis answer due 5/7/2018; FNU Johannesman answer due 5/7/2018; FNU Kelly answer due 5/7/2018; Carl Koenigsman answer due 5/7/2018; Darwin E. Laclair answer due 5/7/2018; Joseph Lewis answer due 5/7/2018; Steven Maher answer due 5/7/2018; Ted Meskunas answer due 5/7/2018; FNU Norriega answer due 5/7/2018; FNU Nunez answer due 5/7/2018; Marissa Ouida answer due 5/7/2018; FNU Pollen answer due 5/7/2018; FNU Quimby answer due 5/7/2018; FNU Reynolds answer due 5/7/2018; FNU Rockwood answer due 5/7/2018; FNU Roe answer due 5/7/2018; FNU Sauther answer due 5/7/2018; FNU Trembath answer due 5/7/2018. (rj) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #88 Order on Motion for Extension of Time to Daniel Miller, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 4000, Stormville, NY 12582-4000. (mhe) [Transferred from New York Southern on 10/3/2019.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #88 Order on Motion for Extension of Time, to the Docket Assistant Clerk for case processing. (rj) [Transferred from New York Southern on 10/3/2019.] |
| Filing 87 LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated February 2, 2018. Document filed by Anthony Annucci, Robert Bentavegna, Collado, Jason Effman, Thomas Griffin. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| SUMMONS ISSUED as to Martha Ball, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Nancy Chilton, Jane Doe Deputy Superintendent for Programs, Ronald Foster, FNU Funk, Eric Guttwein, D. Howard, FNU Howard, FNU Jarvis, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU Nunez, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, Donald Wilkins. (nb) [Transferred from New York Southern on 10/3/2019.] |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 1/24/2018 Re: Judge Kenneth M. Karas #85 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Martha Ball, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Nancy Chilton, Jane Doe Deputy Superintendent for Programs, Ronald Foster, FNU Funk, Eric Guttwein, D. Howard, FNU Howard, FNU Jarvis, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU Nunez, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Sauther, FNU Trembath, Donald Wilkins. (nb) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #85 Order of Service to Daniel Miller 15-A-3706 Greenhaven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000 (nb) [Transferred from New York Southern on 10/3/2019.] |
| Filing 86 AMENDED COMPLAINT amending #2 Complaint against Robert Bentavegna, Joseph Bonnacci, FNU Brock, FNU Brown, FNU Campo, FNU Castine, Nancy Chilton, Collado, First Name Unknown Doe, Jason Effman, Ronald Foster, FNU Funk, Greenhaven Correctional Facility("GCF"), Thomas Griffin, Eric Guttwein, D. Howard, FNU Howard, FNU Jarvis, FNU Johannesman, FNU Kelly, Carl Koenigsman, Darwin E. Laclair, Joseph Lewis, Steven Maher, Ted Meskunas, FNU Norriega, FNU Nunez, Marissa Ouida, FNU Pollen, FNU Quimby, FNU Reynolds, FNU Rockwood, FNU Roe, FNU Sauther, FNU Trembath, Donald Wilkins with JURY DEMAND.Document filed by Mary Miller, Daniel Miller. Related document: #2 Complaint.(sc) [Transferred from New York Southern on 10/3/2019.] |
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Filing 85
ORDER OF SERVICE: To allow Plaintiff to effect service on the newly named defendants through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each of these defendants, listed after the signature page of this Order. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon these defendants. The Marshals Service shall notify the Office of Pro Se Litigation if service was unexecuted as to any defendant. The Marshals Service shall also notify the Office of Pro Se Litigation when they have completed service of all defendants. The Office of Pro Se Litigation shall promptly notify the Court if service is not effected. Rule 4(m) of the Federal Rules of Civil Procedure generally requires service of the summons and complaint to be completed within 90 days of the date the summons issues, and it is Plaintiff's responsibility to request, if necessary, an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). Plaintiff also must notify the Court in writing if his address changes, and the Court may dismiss the action if he fails to do so. The Clerk of Court is directed to mail a copy of this order to Plaintiff. SO ORDERED. USM-285 Form due by 2/22/2018. Request for Issuance of Summons due by 2/22/2018. (Signed by Judge Kenneth M. Karas on 1/23/2018) (mml) [Transferred from New York Southern on 10/3/2019.]
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| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Daniel Miller 15-A-3706 Greenhaven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000 on 1/22/2018. (nb) [Transferred from New York Southern on 10/3/2019.] |
| Filing 84 LETTER from Daniel Miller, dated 1/16/18 re: Plaintiff requests that the Court inform him of the status of the aforementioned cases. Document filed by Daniel Miller, Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| Request for Copiesof the updated Docket Sheet Received: Re (10 in 1:18-cv-00037-UA, 31 in 1:18-cv-00036-UA, 84 in 7:17-cv-04698-KMK) Letter. Request for Docket Report, from Daniel Miller received on 1/19/18. Transmission to Pro Se Assistants for processing. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 83 SUPPORTING DECLARATION. Document filed by Daniel Miller. (vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 82 NOTICE OF MOTION. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 81 LETTER addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated January 4, 2018 re: Plaintiff's December 29, 2017 Letter. Document filed by Anthony Annucci, Bentavegna, Collado, Jason Effman, Griffin. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 80 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 12/29/2017 re: I am attaching TWO letters from the Attorney General. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 79 LETTER from Daniel Miller dated 12/22/2017 re: RETALIATION. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 78 LETTER from Daniel Miller dated 12/23/2017 re: UNLAWFUL KEEPLOCK. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 77 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 12/21/2017 re: I received the letter of December 15, 2017 indicating that the medical hold expires as of December 21, 2017, and that "the transfer will occur sometime thereafter". Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #76 Memo Endorsement, to Daniel Miller, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 4000, Stormville, NY 12582-4000. (rro) [Transferred from New York Southern on 10/3/2019.] |
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Filing 76
MEMO ENDORSEMENT on re: #75 Letter, filed by Daniel Miller. ENDORSEMENT: The Parties are to update the Court on the status of Plaintiff's transfer by February 1, 2018 or upon Plaintiff's transfer if prior to that date. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 12/21/2017) (ras) [Transferred from New York Southern on 10/3/2019.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #76 Memo Endorsement to the Docket Assistant Clerk for case processing. (ras) [Transferred from New York Southern on 10/3/2019.] |
| Filing 75 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 12/15/2017 re: Today, December 15, 2017, I confirmed with one of the Offender Rehabilitation Counselors that I am indeed scheduled to be transferred. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 74 MEMO ENDORSEMENT on re: #73 Letter filed by Daniel Miller. ENDORSEMENT: Counsel for Defendants are to inform the Court when the transfer is final. (Signed by Judge Kenneth M. Karas on 12/15/2017) (cf) [Transferred from New York Southern on 10/3/2019.] |
| Filing 72 LETTER addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated December 15, 2017 re: Plaintiff's Transfer. Document filed by Anthony Annucci, Bentavegna, Collado, Jason Effman, Griffin. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 73 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 12/09/2017 re: THREATS BY SERGEANT KATZ TO PREVENT ME FROM USING THE GRIEVANCE PROCESS, PREVENTING ME FROM EXHAUSTING ADMINISTRATIVE REMEDIES. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 71 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 12/8/2017 re: I realize this letter is two days early, however, today, Friday, December 8, 2017, I showed the Memo Endorsed Letter to a Lieutenant, the Watch Commander. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
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Filing 70
ENDORSED LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 11/20/2017 re: Awaiting permission from the Court to respond and/or cross-move. ENDORSEMENT: The Clerk is to docket this letter. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/7/2017) (mml) [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #70 Endorsed Letter, to Daniel Miller, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 4000, Stormville, NY 12582-4000. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #70 Endorsed Letter to the Docket Assistant Clerk for case processing. (mml) [Transferred from New York Southern on 10/3/2019.] |
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Filing 69
ORDER: denying as moot #53 Motion. While Defendants' Motion was pending, Plaintiff in fact paid the full filing fee as would have been required had his IFP status been revoked. (See Dkt. (entry for December 7, 2017).) Accordingly, because Plaintiff has already paid his filing fee in full, Defendants' Motion To Revoke Plaintiff's IFP Status is denied as moot. Plaintiff's fourth application for injunctive relief, seeking his transfer from Greenhaven, appears to have also been rendered moot by his imminent transfer from Greenhaven to an unspecified, medium security wheelchair accessible facility. (See Order (November 27, 2017) (Dkt. No. 66).) Therefore, the Court will not address the merits of that application at this time. The Parties are to inform the Court by December 18, 2017 if Plaintiff has been transferred. If Plaintiff has not been transferred at that time, the Parties are instructed to inform the Court as to whether Plaintiff's transfer remains imminent. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff and terminate the pending Motion. (Dkt. No. 53.), and as further set forth in this order. (Signed by Judge Kenneth M. Karas on 12/7/2017) (ap) Modified on 12/8/2017 (ap). Modified on 12/8/2017 (ap). [Transferred from New York Southern on 10/3/2019.]
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| Pro Se Payment of Fee Processed: $350.00 Check processed by the Finance Department on 12/07/2017, Receipt Number 465401197024. (jkr) [Transferred from New York Southern on 10/3/2019.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #69 Order on Motion for Miscellaneous Relief to the Docket Assistant Clerk for case processing. (ap) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #69 Order on Motion for Miscellaneous Relief to Daniel Miller, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 4000, Stormville, NY 12582-4000. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 68 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 11/29/2017 re: This letter-brief is respectfully submitted in response to the defendants' memorandum of law in reply to my opposing memorandum. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 67 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 11/27/2017 re: I write respectfully to provide the Court with proof that the ENTIRE docket fee has now been collected by the NYSDOCCS. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
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Filing 66
MEMO ENDORSEMENT on re: #64 Letter, filed by Collado, Griffin, Jason Effman, Bentavegna, Anthony Annucci. ENDORSEMENT: Given this letter, Plaintiff's most recent preliminary injunction request, to move facilities, would be moot. If Plaintiff is not moved by 12/11/17, he is to notify the Court. Also, the Clerk is to mail a copy of this memo-endorsed document to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/27/2017) (mml) [Transferred from New York Southern on 10/3/2019.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #66 Memo Endorsement to the Docket Assistant Clerk for case processing. (mml) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #66 Memo Endorsement, to Daniel Miller, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 4000, Stormville, NY 12582-4000. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 64 LETTER addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated November 22, 2017 re: Plaintiff's November 13, 2017 Letter. Document filed by Anthony Annucci, Bentavegna, Collado, Jason Effman, Griffin. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 65 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 11/13/2017 re: Today, I was advised by one of the counselors that a request has been put in for a transfer to a wheelchair-accessible Medium Security facility. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 63 REPLY MEMORANDUM OF LAW in Support re: #53 CROSS MOTION To Revoke In Forma Pauperis . . Document filed by Anthony Annucci, Bentavegna, Collado, Jason Effman, Griffin. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 62 MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' NOTICE OF CROSS-MOTION TO REVOKE IN FORMA PAUPERIS re: #53 CROSS MOTION To Revoke In Forma Pauperis. Document filed by Daniel Miller. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 61 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 10/24/2017 re: I write respectfully to object to your orders dated September 12, 2017, as amended by the MEMO ENDORSEMENT of October 10, 2017, which I received on October 20, 2017. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
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Filing 60
ENDORSED LETTER: addressed to Judge Kenneth M. Karas, from Mary Miller, dated October 16, 2017, re: Daniel Miller. ENDORSEMENT: Defendant is to respond to this letter by 11/10/17. So Ordered. (Signed by Judge Kenneth M. Karas on 10/30/2017) (ap) [Transferred from New York Southern on 10/3/2019.]
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| Filing 59 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 10/19/2017 re: On October 18, 2017, I received the defendants' letter requesting a pre-motion conference regarding a motion to dismiss. I respectfully submit this letter, in accordance with the Court's Individual Rules of Practice, and in opposition thereto. I also request the Court to consider this letter as a cross-request for a pre-motion conference for sanctions against counsel. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
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Filing 58
ORDER: Accordingly, Plaintiff is hereby instructed to submit any memorandum in opposition to Defendants' Motion regarding Plaintiff's in forma pauperis status, limited to 25 pages, by November 13, 2017. Plaintiff is cautioned that other than his memorandum in opposition to Defendants' Motion, he shall file no new motions, shall file no supplemental material in support of any pending motions for preliminary relief, and shall make no further applications to this Court until the Court has ruled on Defendants' Motion to Revoke Plaintiff's In Forma Pauperis Status. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. (Responses due by 11/13/2017.) (Signed by Judge Kenneth M. Karas on 10/24/2017) (mml) [Transferred from New York Southern on 10/3/2019.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #58 Order to the Docket Assistant Clerk for case processing. (mml) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #58 Order, Set Deadlines, to Daniel Miller 15-A-3706 Greenhaven Correctional Facility P.O. Box 400 Stormville, NY 12582-4000. (jgo) [Transferred from New York Southern on 10/3/2019.] |
| Filing 55 DECLARATION of Robert Bentivegna M.D. in Opposition re: #38 MOTION.. Document filed by Anthony Annucci, Bentavegna, Collado, Jason Effman, Griffin. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 54 MEMORANDUM OF LAW in Opposition re: #38 MOTION. And In Support of Cross-Motion To Revoke In Forma Pauperis. Document filed by Anthony Annucci, Bentavegna, Collado, Jason Effman, Griffin. (Attachments: #1 Exhibit A, #2 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 53 CROSS MOTION To Revoke In Forma Pauperis . Document filed by Anthony Annucci, Bentavegna, Collado, Jason Effman, Griffin. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 57 DECLARATION OF DANIEL MILLER IN FURTHER SUPPORT OF HIS APPLICATION FOR A PRELIMINARY INJUNCTION. Document filed by Daniel Miller. (man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 56 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 10/14/2017 re: I write respectfully to respond to the NYS Attorney General's comments in her October 10, 2017 letter to the Court. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 52 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 10/6/2017 re: I write respectfully--and separately--to supplement my earlier letter. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 51 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 10/6/2017 re: I am therefore imploring your Honor to hold an immediate hearing. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 50 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 10/10/2017 re: As predicted in my letter dated October 10, 2017, defendant BENTIVEGNA has again engaged in retaliatory conduct. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 49 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 10/11/2017 re: Just a follow up to provide you with documentation providing Dr. Bentivegna and FDS Collado are acting in retaliation. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 47 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated October 13, 2017. Document filed by Anthony Annucci, Bentavegna, Collado, Jason Effman, Griffin. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 48 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 10/10/2017 re: This letter is respectfully submitted in accordance with the Court's Order dated September 12, 2017. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
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Filing 46
MEMO ENDORSEMENT on re: #43 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 9/20/2017 re: I write respectfully to ask whether, in light of your direction in the September 12, 2017 Order, am I also directed to refrain from sending you supplemental material to consider in conjunction with the preliminary injunction application. Document filed by Daniel Miller. ENDORSEMENT: Pursuant to the Court's September 12, 2017 order, Plaintiff is instructed to refrain from sending any additional materials regarding his fourth request for a preliminary injunction. The Clerk of Court is directed to mail a copy of this order to Plaintiff. So ordered. (Signed by Judge Kenneth M. Karas on 10/10/2017) (rjm) [Transferred from New York Southern on 10/3/2019.]
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Filing 45
ORDER granting #44 Letter Motion for Extension of Time. Granted. So ordered. (Signed by Judge Kenneth M. Karas on 10/10/2017) (ras) [Transferred from New York Southern on 10/3/2019.]
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| Mailed a copy of #46 Memo Endorsement to Daniel Miller, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 400, Stormville, NY 12582-4000. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #46 Memo Endorsement to the Docket Assistant Clerk for case processing. (rjm) [Transferred from New York Southern on 10/3/2019.] |
| Filing 44 LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated October 6, 2017. Document filed by Anthony Annucci, Bentavegna, Collado, Jason Effman, Griffin. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 42 LETTER addressed to The Pro Se Office from Daniel Miller dated 9/20/2017 re: Please provide me with a copy of the list of Pro Bono Attorneys on the Panel established according to the Local Rules of the Southern District of New York. (rjm) [Transferred from New York Southern on 10/3/2019.] |
| Filing 43 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 9/20/2017 re: I write respectfully to ask whether, in light of your direction in the September 12, 2017 Order, am I also directed to refrain from sending you supplemental material to consider in conjunction with the preliminary injunction application. Document filed by Daniel Miller. (Attachments: #1 Attachment)(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 41 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 9/14/2017 re: I felt the need to write you briefly and advise the Court that I will be sending additional affidavits and documents for the Court to consider in conjunction with the motion for a preliminary injunction. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 40 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 9/7/2017 re: I write respectfully to advise the Court and counsel with respect to two matters. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
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Filing 39
ORDER: Accordingly, Plaintiff is hereby ORDERED to submit a letter, within thirty days of this order, explaining why these newly-asserted claims related to alleged incidents taking place at Franklin should not be dismissed for improper venue under Federal Rule of Civil Procedure 12(b)(3), as set forth in this Order. Defendants are instructed to respond to this fourth request for injunctive relief by October 10, 2017, and specifically to address Plaintiff's allegations in full, including all claims related to wheelchair accessibility. Additionally, Plaintiff is instructed to cease filing motions seeking preliminary relief arising out of the same set of facts that are at issue in his four prior submissions to the Court. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. (Signed by Judge Kenneth M. Karas on 9/12/2017) (mml) [Transferred from New York Southern on 10/3/2019.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #39 Order to the Docket Assistant Clerk for case processing. (mml) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #39 Order to Daniel Miller, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 400, Stormville, NY 12582-4000. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 36 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 8/30/2017 re: I write this letter respectfully in reference to and further support of my August 14, 2017 letter about the prison grievance system. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 35 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 9/5/2017 re: I write this letter, respectfully, in accordance with your Honor's local rules of practice, for a pre-motion conference. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 38 NOTICE OF MOTION. Document filed by Daniel Miller. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5, #6 Attachment 6, #7 Attachment 7, #8 Attachment 8)(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 34 NOTICE OF MOTION for Leave to Amend and/or Supplement the Complaint. Document filed by Daniel Miller. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5-Part 1, #6 Attachment 5-Part2, #7 Attachment 6, #8 Attachment 7, #9 Attachment 8)(man) [Transferred from New York Southern on 10/3/2019.] |
| Filing 27 LETTER from Daniel Miller dated 8/24/2017 re: RETALIATION BY DEFENDANT DR. ROBERT BENTAVEGNA INCLUDING PHYSICAL ASSAULT. Document filed by Daniel Miller.(man) [Transferred from New York Southern on 10/3/2019.] |
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Filing 26
ORDER: granting #25 Letter Motion for Extension of Time. Plaintiff is to provide the information requested by counsel for Defendants within 30 days of this Order, which is to be mailed to Plaintiff. So ordered. (Signed by Judge Kenneth M. Karas on 8/30/2017) (ap) [Transferred from New York Southern on 10/3/2019.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #26 Order on Motion for Extension of Time to the Docket Assistant Clerk for case processing. (ap) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #26 Order on Motion for Extension of Time, to Daniel Miller, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 400, Stormville, NY 12582-4000. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 25 LETTER MOTION for Extension of Time and for an Order requiring Plaintiff to provide further information regarding individuals to be identified in Valentin Order addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated August 28, 2017. Document filed by Anthony Annucci, Bentavegna, Collado, Jason Effman, Griffin. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 32 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Bentavegna served on 8/14/2017, answer due 10/13/2017. Service was made by Mail, signed and returned by Sofya Uvaydov, AAG NYS. Document filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 31 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Collado served on 8/14/2017, answer due 10/13/2017. Service was made by Mail, signed and returned by Sofya Uvaydov, AAG NYS. Document filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 30 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Griffin served on 8/14/2017, answer due 10/13/2017. Service was made by Mail, signed and returned by Sofya Uvaydov, AAG NYS. Document filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 29 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Anthony Annucci served on 8/14/2017, answer due 10/13/2017. Service was made by Mail, signed and returned by Sofya Uvydov, AAG NYS. Document filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 28 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Jason Effman served on 8/14/2017, answer due 10/13/2017. Service was made by Mail, signed and returned by Sofya Uvaydov, AAG NYS. Document filed by Daniel Miller. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Filing 24 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 8/14/2017 re: I write to respond to the defendant's letter dated August 8, 2017. Document filed by Daniel Miller. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 23 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 8/3/2017 re: I write respectfully in response to the N.Y.S. Attorney General's July 18, 2017 Letter, which I received on or about July 26, 2017. Document filed by Daniel Miller. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3)(vn) [Transferred from New York Southern on 10/3/2019.] |
| Received Return Receipt of #2 Complaint, #10 Order of Service, as to Attorney General of the State of New York, 120 Broadway, New York, New York 10271, which was served by Certified Mail #7016 2070 0001 1546 6695, on 7/17/2017. (jgo) [Transferred from New York Southern on 10/3/2019.] |
| Filing 22 LETTER from Daniel Miller dated 8/7/2017 re: REQUEST FOR OMH/MENTAL HEALTH RECORDS BY NYS ATTORNEY GENERAL FOR LITIGATION PURPOSES IN FEDERAL COURT. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 21 DECLARATION of JOSEPH BONACCI in Support re: #20 Memorandum of Law in Opposition. Document filed by Anthony Annucci, Bentavegna, Collado, Jason Effman, Griffin. (Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 20 MEMORANDUM OF LAW in Opposition re: #4 Order to Show Cause - Unsigned, #15 Letter . Document filed by Anthony Annucci, Bentavegna, Collado, Jason Effman, Griffin. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 19 NOTICE OF APPEARANCE by Sofya Uvaydov on behalf of Griffin. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #18 Memo Endorsement to Daniel Miller, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 400, Stormville, NY 12582-4000. (rro) [Transferred from New York Southern on 10/3/2019.] |
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Filing 18
MEMO ENDORSED on re: #17 Letter, filed by Collado, Jason Effman, Bentavegna, Anthony Annucci. ENDORSEMENT: Defendants must respond to the first two applications only. The Clerk of Court is directed to mail a copy of this Order to Plaintiff's address on the docket. So Ordered (Signed by Judge Kenneth M. Karas on 8/9/2017) (js) [Transferred from New York Southern on 10/3/2019.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #18 Memo Endorsement,, to the Docket Assistant Clerk for case processing. (js) [Transferred from New York Southern on 10/3/2019.] |
| Filing 17 LETTER addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated August 8, 2017 re: Plaintiff's Proposed Orders to Show Cause. Document filed by Anthony Annucci, Bentavegna, Collado, Jason Effman. (Attachments: #1 Exhibit A, #2 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 16 NOTICE OF APPEARANCE by Sofya Uvaydov on behalf of Anthony Annucci, Bentavegna, Collado, Jason Effman. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Filing 15 LETTER addressed to Judge Kenneth M. Karas from Daniel Miller dated 7/20/2017 re: I write this letter, respectfully, to advise the court of the latest events. Document filed by Daniel Miller.(vn) [Transferred from New York Southern on 10/3/2019.] |
| Filing 14 LETTER from S. Edwards, Correspondence Clerk at Franklin Correctional Facility, dated 7/27/17 re: The Court is informed that the inmate, Daniel Miller, is temporarily absent from the aforementioned facility; and that his mail is being held at this facility until the inmate's return. (sc) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #13 Order on Motion for Extension of Time, to Daniel Miller 15-A-3706 Greenhaven Correctional Facility P.O. Box 400 Stormville, NY 12582: Daniel Miller 15-A-3706 Franklin Correctional Facility 62 Bare Hill Road P.O. Box 10 Malone, NY 12953-0010. (jgo) [Transferred from New York Southern on 10/3/2019.] |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time. ENDORSEMENT: Granted. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at both addresses listed on this letter. Show Cause Response due by 8/10/2017. (Signed by Judge Kenneth M. Karas on 7/21/2017) (mml) [Transferred from New York Southern on 10/3/2019.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #13 Order on Motion for Extension of Time to the Docket Assistant Clerk for case processing. (mml) [Transferred from New York Southern on 10/3/2019.] |
| Filing 12 LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from Sofya Uvaydov dated July 20, 2017. Document filed by Anthony Annucci. (Attachments: #1 Declaration of Service)(Uvaydov, Sofya) [Transferred from New York Southern on 10/3/2019.] |
| Received Return Receipt of Mail Order by Certified Mail as to Attorney General of State of NY, which was served by Certified Mail # 7002 2030 0003 8674 9168, on 07/13/2017. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #3 Prisoner Authorization, #7 Order Granting IFP Application in Prisoner Case to Daniel Miller, 15-A-3706, Franklin Correctional Facility, 62 Bare Hill Road, P.O. Box 10, Malone, NY 12953-0010; Superintendent, Franklin Correctional Facility, 62 Bare Hill Road, P.O. Box 10, Malone, NY 12953-0010; Daniel Miller, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 400, Stormville, NY 12582-4000; and Superintendent, Greenhaven Correctional Facility, 594 Rt. 216, Stormville, NY 12582-4000. (rro) [Transferred from New York Southern on 10/3/2019.] |
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Filing 11
ORDER. The Court has been apprised that although all of Plaintiff's correspondence has been addressed from Greenhaven Correctional Facility, he may now be housed again at Franklin Correctional Facility. Accordingly, the Clerk of Court is respectfully directed to mail a copy of the previous Order, (see Dkt. No. 10), to Plaintiff's address at Franklin Correctional Facility: Daniel Miller, 15-A-3706, Franklin Correctional Facility, 62 Bare Hill Road, P.O. Box 10, Malone, NY 12953-0010. The Clerk of Court is further directed to mail a copy of this Order to both Plaintiff's address at Franklin Correctional Facility, listed above, and the address listed on the docket. Plaintiff is advised that it is his responsibility to apprise the Court of any changes in address. Plaintiff should respond to this Order as soon as possible to apprise the Court of his current address. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/12/2017) (rjm) [Transferred from New York Southern on 10/3/2019.]
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Filing 10
ORDER & ORDER OF SERVICE: The Court directs the Clerk of Court to execute the Order of Service, (Dkt. No. 8), with all expedition. The Clerk of Court is further directed to update Plaintiff's address as detailed above and to mail the Court's prior orders, (Dkt. Nos. 7, 8), and this Order to Plaintiff at his new address. The Clerk of Court shall serve a copy of this order and the complaint on the Attorney General of the State of New York at 120 Broadway, New York, New York 10271-0332. Defendants are directed to respond to Plaintiff's application within 10 business days of service. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States , 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). So Ordered. (Signed by Judge Kenneth M. Karas on 7/11/17) (yv) [Transferred from New York Southern on 10/3/2019.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #10 Order of Service, to the Docket Assistant Clerk for case processing. (yv) [Transferred from New York Southern on 10/3/2019.] |
| SUMMONS ISSUED as to Anthony Annucci, Bentavegna, Collado, Jason Effman, Griffin. (nb) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #10 Order of Service, #7 Order Granting IFP Application in Prisoner Case, #8 Order of Service, to Daniel Miller 15-A-3706 Greenhaven Correctional Facility P.O. Box 400 Stormville, NY 12582-4000. (nb) [Transferred from New York Southern on 10/3/2019.] |
| FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 7/12/2017 per the instructions of Judge Kenneth M. Karas. See #8 Order of Service. (nb) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #11 Order to Daniel Miller, 15-A-3706, Greenhaven Correctional Facility, P.O. Box 400, Stormville, NY 12582-4000. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #2 Complaint, #10 Order of Service to Attorney General of the State of New York, 120 Broadway, New York, New York 10271 by Certified Mail # 7016 2070 0001 1546 6695 with Return Receipt Requested. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #11 Order to the Docket Assistant Clerk for case processing. (rjm) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #7 Order Granting IFP Application in Prisoner Case #8 Order of Service, #11 Order to Daniel Miller, 15-A-3706, Franklin Correctional Facility, 62 Bare Hill Road, P.O. Box 10, Malone, NY 12953-0010. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Filing 9 LETTER addressed to Judge Colleen McMahon from Daniel Miller, dated 7/3/17 re: Plaintiff informs the Court that he is being subjected to physical, psychological and sexual abuse by prison staff on a daily basis, and he requests that his OTSC and his Poor Person Application be considered by the Court without delay. Document filed by Daniel Miller.(sc) [Transferred from New York Southern on 10/3/2019.] |
| FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 7/7/2017 via Regular Mail. The information package included: a copy of the Order of Service, Judge's individual rules, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case files, A Motions Guide, A Notice that the Pro Se Manual has been discontinued, a Notice of Change of Address to use if your contact information changes, a consent to proceed before a Magistrate Judge, and consent to electronic service forms. (nb) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #2 Complaint, #8 Order of Service, to Attorney General for the State of New York, 120 Broadway, New York, New York 10271-0332 by Certified Mail #7002 2030 0003 8674 9168 with Return Receipt Requested. (jgo) [Transferred from New York Southern on 10/3/2019.] |
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Filing 8
ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. The Court further directs the Clerk of Court to complete the USM-285 forms with the addresses for Defendants Annucci, Effman, Griffin, Collado, and Bentavegna, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Court directs Defendants Annucci, Effman, Griffin, Collado, and Bentavegna to comply with Local Civil Rule 33.2 within 120 days of service of this order. The Clerk of Court shall serve a copy of this order and the complaint on the Attorney General of the State of New York at 120 Broadway, New York, New York 10271-0332. An Amended Civil Rights Complaint form is attached to this order. Upon receipt of each completed USM-285 form, the Clerk of Court will issue a summons and deliver to the Marshals Service the summons and all of the paperwork necessary for the Marshals Service to serve that defendant. It is Plaintiff's responsibility to inquire with the Marshals Service as to whether service has been effected and if necessary, to request an extension of time for service. See Meilleur v.Strong, 682 F.3d 56, 63 (2d Cir. 2012).If within 120 days of the issuance of the summons, service has not been made and the Plaintiff has not requested an extension of time to serve, under Rules 4 and 41 of the Federal Rules of Civil Procedure, the Court may dismiss all or part of this action based on Plaintiff's failure to prosecute. If Plaintiff does not wish to use the Marshals Service to effect service, Plaintiff must notify the Court in writing within 30 days of the date of this Order and request that the Court issue a summons to Plaintiff. Local Civil Rule 33.2 which requires defendants in certain types of prisoner cases to respond to standard discovery requests, applies to this action. USM-285 Form due by 8/7/2017. Request for Issuance of Summons due by 8/7/2017. (Signed by Judge Kenneth M. Karas on 7/6/2017) (ap) [Transferred from New York Southern on 10/3/2019.]
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Filing 7
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments.... The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account statements for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Kenneth M. Karas on 7/5/2017) (mml) [Transferred from New York Southern on 10/3/2019.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #7 Order Granting IFP Application in Prisoner Case to the Docket Assistant Clerk for case processing. (mml) [Transferred from New York Southern on 10/3/2019.] |
| Mailed a copy of #7 Order Granting IFP Application in Prisoner Case to Daniel Miller, 15-A-3706, Franklin Correctional Facility, 62 Bare Hill Road, P.O. Box 10, Malone, NY 12953-0010; and Superintendent, Franklin Correctional Facility, 62 Bare Hill Road, P.O. Box 10, Malone, NY 12953-0010. (rro) [Transferred from New York Southern on 10/3/2019.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #8 Order of Service to the Docket Assistant Clerk for case processing. (ap) [Transferred from New York Southern on 10/3/2019.] |
| Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (bcu) [Transferred from New York Southern on 10/3/2019.] |
| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (bcu) [Transferred from New York Southern on 10/3/2019.] |
| Case Designated Local Rule 33.2. (jjg) [Transferred from New York Southern on 10/3/2019.] |
| Filing 5 DECLARATION of Daniel Miller in Support re: #4 Order to Show Cause - Unsigned. Document filed by Daniel Miller. (sac) [Transferred from New York Southern on 10/3/2019.] |
| Filing 4 UNSIGNED ORDER TO SHOW CAUSE filed by Daniel Miller. (sac) [Transferred from New York Southern on 10/3/2019.] |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Daniel Miller.(sac) [Transferred from New York Southern on 10/3/2019.] |
| Filing 2 COMPLAINT against Anthony Annucci, Bentavegna, Collado, Jane Doe, John Doe, John Doe 1-3, John Doe 1-5, Jason Effman, Griffin. Document filed by Daniel Miller.(sac) [Transferred from New York Southern on 10/3/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Daniel Miller.(sac) [Transferred from New York Southern on 10/3/2019.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 10/3/2019.] |
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