Williams v. Koenigsmann et al
Plaintiff: Wesley Williams
Defendant: Susan Devlin-Varin, Regional Director of Green Haven Correctional Facility, Nurse Practitioner Albert Acrish, Timothy E. Whalen, Aps, Frederick Bernstein and Carl J. Koenigsmann
Case Number: 9:2021cv00302
Filed: March 17, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Christian F Hummel
Referring Judge: Thomas J McAvoy
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2021 Opinion or Order Filing 90 LETTER BRIEF advising of service of Rule 26 Disclosures by Susan Devlin-Varin, Carl J. Koenigsmann, Timothy E. Whalen. (White, David)
April 7, 2021 Opinion or Order Filing 89 Mail Returned as Undeliverable: Dkt No. 88 Text Order. Ssent to Pavia - Brown, Gruttadaro, Gaujean and Prato LLC Address sent to White Plains. Envelope reads "return to sender - unable to forward". (nas)
March 30, 2021 Opinion or Order Filing 88 TEXT ORDER: On October 18, 2016, the law firm of Brown, Gruttadaro, Gaujean & Prato, LLC ("Firm") filed an Answer to the Amended Complaint on behalf of Defendant KEPRO, formerly APS. See Dkt. No 58. The attorney who signed the Answer as a representative of the Firm is not admitted to practice in the Northern District of New York. Accordingly, an attorney from the Firm who is admitted to practice in the Northern District of New York must file a notice of appearance in this action within thirty (30) days. Authorized by Magistrate Judge Christian F. Hummel on 3/30/2021. {served as directed}(nas, )
March 25, 2021 Opinion or Order Filing 87 MANDATORY PRETRIAL DISCOVERY AND SCHEDULING ORDER: Amended Pleadings due by 7/26/2021. Discovery due by 9/27/2021. Joinder of Parties due by 7/26/2021. Dispositive Motions to be filed by 11/25/2021. Signed by Magistrate Judge Christian F. Hummel on 3/25/2021. {order served via regular mail on plaintiff}(nas)
March 24, 2021 Opinion or Order Filing 86 ANSWER to #51 Amended Complaint Amended Complaint by Susan Devlin-Varin, Carl J. Koenigsmann, Timothy E. Whalen. (Attachments: #1 Declaration of Service of Answer)(White, David) Modified on 3/25/2021 (nas, ).
March 18, 2021 Opinion or Order Filing 85 NOTICE of Appearance by David C. White on behalf of Susan Devlin-Varin, Carl J. Koenigsmann, Timothy E. Whalen (Attachments: #1 Declaration of service of NOA)(White, David)
March 17, 2021 Opinion or Order Filing 84 Case transferred in from District of New York Southern; Case Number 7:14-cv-02498. electronically transferred when case opened
March 10, 2021 Opinion or Order CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York.(rj) [Transferred from New York Southern on 3/17/2021.]
March 10, 2021 Opinion or Order Filing 83 OPINION & ORDER re: #79 MOTION to Dismiss Amended Complaint. filed by Albert Acrish, Frederick Bernstein, Timothy E. Whalen, Carl J. Koenigsmann, Susan Devlin-Varin, Regional Director of Green Haven Correctional Facility., For the foregoing reasons, the Court DENIES Defendants' motion and sua sponte dismisses all claims against the Green Haven Defendants. The Court further orders that this matter should be transferred to the Northern District of New York for adjudication of the remaining claims. The Clerk of the Court is respectfully directed to (1) terminate the motion at ECF No. 79; (2) terminate Defendants Green Haven Regional Medical Director, Dr. Bernstein, and Nurse Practitioner Acrish; (3) mail a copy of this Opinion and Order to Plaintiff at the address listed on ECF; (4) show service on the docket; and (5) transfer this matter to the Northern District of New York for further adjudication. SO ORDERED., Regional Director of Green Haven Correctional Facility, Albert Acrish and Frederick Bernstein (Facility Physician of Green Haven C.F.) terminated. (Signed by Judge Nelson Stephen Roman on 3/10/2021) (rj) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing. [Transferred from New York Southern on 3/17/2021.]
March 10, 2021 Opinion or Order Mailed a copy of #83 Memorandum & Opinion, Add and Terminate Parties,, to Wesley Williams, 06-A-3252 at Upstate Correctional Facility, P.O. Box 2001, Malone, NY 12953. (dsh) [Transferred from New York Southern on 3/17/2021.]
October 19, 2020 Opinion or Order Magistrate Judge Andrew E. Krause is so redesignated. (laq) [Transferred from New York Southern on 3/17/2021.]
July 21, 2020 Opinion or Order Filing 82 REPLY MEMORANDUM OF LAW in Support re: #79 MOTION to Dismiss Amended Complaint. . Document filed by Albert Acrish, Frederick Bernstein, Susan Devlin-Varin, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility, Timothy E. Whalen..(Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
July 21, 2020 Opinion or Order Filing 81 MEMORANDUM OF LAW in Opposition re: #79 MOTION to Dismiss Amended Complaint. . Document filed by Albert Acrish, Frederick Bernstein, Susan Devlin-Varin, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility, Timothy E. Whalen..(Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
July 21, 2020 Opinion or Order Filing 80 MEMORANDUM OF LAW in Support re: #79 MOTION to Dismiss Amended Complaint. . Document filed by Albert Acrish, Frederick Bernstein, Susan Devlin-Varin, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility, Timothy E. Whalen..(Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
July 21, 2020 Opinion or Order Filing 79 MOTION to Dismiss Amended Complaint. Document filed by Albert Acrish, Frederick Bernstein, Susan Devlin-Varin, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility, Timothy E. Whalen..(Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
March 23, 2020 Opinion or Order Filing 78 ORDER granting #76 Letter Motion for Extension of Time. The Court reviewed the State Defendants' attached pre-motion letter, dated March 6, 2020. (ECF No. 76), as well as Plaintiff's response, dated March 9, 2020. (ECF No. 77.) Due to Plaintiff's incarceration, the Court waives the pre-motion conference requirement and grants the State Defendants leave to file their motion to dismiss the Amended Complaint with the following briefing schedule: Defendant's moving papers are to be served (not filed) on May 22, 2020; Plaintiff's opposition is to be served (not filed) on July 6, 2020; Defendants' reply is to be served on July 21, 2020. State Defendants' counsel is directed to file all motion documents, including Plaintiff's opposition, on the reply date, July 21, 2020. The parties shall provide two copies of their respective documents to chambers as the documents are served. The deadline for the parties to submit a Case Management Plan and Scheduling Order is hereby adjourned, sine die. (See ECF No. 74.) The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 76. The State Defendants are directed to mail a copy of this order to Plaintiff at Plaintiff's last address listed on ECF and to file proof of service. Motions due by 7/21/2020. (Signed by Judge Nelson Stephen Roman on 3/23/2020) (rj) [Transferred from New York Southern on 3/17/2021.]
March 23, 2020 Opinion or Order Set/Reset Deadlines: Responses due by 7/21/2020 (rj) [Transferred from New York Southern on 3/17/2021.]
March 12, 2020 Opinion or Order Filing 77 LETTER addressed to Judge Nelson Stephen Roman from Wesley Williams dated 3/9/2020 re: request that motion for extra time to file Motion to Dismiss be denied. Document filed by Wesley Williams.(jwh) [Transferred from New York Southern on 3/17/2021.]
March 6, 2020 Opinion or Order Filing 76 LETTER MOTION for Extension of Time addressed to Judge Nelson Stephen Roman from Neil Shevlin dated March 6, 2020. Document filed by Albert Acrish, Frederick Bernstein, Susan Devlin-Varin, Carl J. Koenigsmann, Timothy E. Whalen..(Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
March 4, 2020 Opinion or Order Mailed a copy of #74 Order to Wesley Williams 06-A-3252 Upstate Correctional Facility P.O. Box 2001 Malone, NY 12953. (nb) [Transferred from New York Southern on 3/17/2021.]
March 3, 2020 Opinion or Order Filing 74 ORDER: The Court waives the Initial Pre-trial Conference and directs the parties to confer and complete a Case Management Plan and Scheduling Order (blank form attached hereto). Said Scheduling Order shall be submitted to chambers by March 24, 2020. After review and approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Lisa Margaret Smith for general pretrial purposes. The parties are directed to contact Judge Smith within seven (7) business days of the date of the Order of Reference to schedule a conference. Clerk of the Court directed to mail a copy of this Order to pro se Plaintiff and show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/3/2020) (kv) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 3/17/2021.]
February 28, 2020 Opinion or Order Filing 75 LETTER addressed to Judge Nelson Stephen Roman from Wesley Williams dated 2/25/2020 re: notice of change of address. Document filed by Wesley Williams. NEW ADDRESS: Wesley Williams, 06-A-3252, Upstate Correctional Facility, P.O. Box 2001, Malone, NY 12953. (rro) [Transferred from New York Southern on 3/17/2021.]
January 2, 2020 Opinion or Order Filing 73 LETTER from Wesley Williams dated 12/30/19 re: I'm sending this letter to let the court know that I have moved from Coxsackie C. F. Box 999, Coxsackie, NY 12051 and am now at Attica C.F. Box 149, Attica, NY 14011. Document filed by Wesley Williams.(sbr) [Transferred from New York Southern on 3/17/2021.]
February 26, 2019 Opinion or Order Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Wesley Williams 06-A-3252 Coxsackie Correctional Facility Box 999 Coxsackie, NY 12051-0999 on 2/26/2019. (nb) [Transferred from New York Southern on 3/17/2021.]
February 22, 2019 Opinion or Order Filing 72 LETTER from Wesley Williams dated February 22, 2019 re: I would like a Updated Docket Sheet. Document filed by Wesley Williams.(sbr) [Transferred from New York Southern on 3/17/2021.]
February 22, 2019 Opinion or Order Filing 71 LETTER from Wesley Williams dated February 18, 2019 re: Change of Address: Coxsackie Correctional Facility, P.O. Box 999, Coxsackie, NY 12051. Document filed by Wesley Williams.(sbr) [Transferred from New York Southern on 3/17/2021.]
February 6, 2019 Opinion or Order Filing 70 PRO SE MEMORANDUM(Notice of Change of Address), dated 2/4/19 re: CHANGE OF ADDRESS for Wesley Williams. New Address: #06A3252, Coxsackie C.F., P.O. Box 999, Coxsackie, New York, 12051-0999. (sc) [Transferred from New York Southern on 3/17/2021.]
November 13, 2018 Opinion or Order Filing 69 LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin, Assistant Attorney General dated 11/8/2018 re: Informing the Court that he has entered appearance on behalf of Defendants Devlin-Varin and Whalen. And that he had sent a request to Chambers for a pre-motion conference to discuss defendants' intention to move to dismiss the Amended Complaint. Document filed by Susan Devlin-Varin, Timothy E. Whalen.(kv) [Transferred from New York Southern on 3/17/2021.]
October 11, 2018 Opinion or Order Mailed a copy of #68 Valentin Order, to Wesley Williams 06-A-3252 SouthPort Correctional Facility P.O. Box 2000 Pine City, NY 14871-2000. (aea) [Transferred from New York Southern on 3/17/2021.]
October 10, 2018 Opinion or Order Filing 68 ORDER: It is ordered that Neil Shevlin, who is counsel for both Defendants take the following actions in order to facilitate service of the Complaint: with regards to Nurse Devlin-Varin, Counsel is to make inquiries as to why service was cancelled, as the noted email was not attached, and asce1tain the address where this Defendant may be served; with regards to Dr. Timothy Whalen, Counsel is to ascertain the address where this Defendant may be served. Counsel shall provide this information to Plaintiff and the Court within thirty days of the date of this order. Upon receipt of this information, the Court will issue an order directing the Clerk of the Court to send instructions to Plaintiff to effect service on the proper defendant in accordance with Rule 4 of the Federal Rules of Civil Procedure. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff's address as listed on ECF and show proof of such service on the docket. (Signed by Judge Nelson Stephen Roman on 10/10/2018) (rjm) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 3/17/2021.]
April 17, 2018 Opinion or Order Filing 67 NOTICE OF CHANGE OF ADDRESS by Neil Shevlin on behalf of Albert Acrish, Frederick Bernstein, Susan Devlin-Varin, Carl J. Koenigsmann, Timothy E. Whalen. New Address: New York State Office of the Attorney General, 28 Liberty Street, New York, NY, US 10005, 212-416-8561. (Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
April 17, 2018 Opinion or Order Filing 66 NOTICE OF APPEARANCE by Neil Shevlin on behalf of Frederick Bernstein, Susan Devlin-Varin, Timothy E. Whalen. (Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
September 25, 2017 Opinion or Order Filing 65 NOTICE OF CHANGE OF ADDRESS by Wesley Williams. New Address: SouthPort C.F., P.O. Box 2000, Pine City, New York, 14871-2000,. (rj) [Transferred from New York Southern on 3/17/2021.]
May 12, 2017 Opinion or Order Pro Se Payment of Fee Processed: $350.00 Check processed by the Finance Department on 5/12/2017, Receipt Number 465401181585. (aa) [Transferred from New York Southern on 3/17/2021.]
January 23, 2017 Opinion or Order Filing 64 LETTER addressed to Judge Nelson Stephen Roman from Wesley Williams dated 1/18/2017 re: Plaintiff requests that you may compel Assistant Attorney General Neil Shevlin to send a copy of the relevant documents. Document filed by Wesley Williams. (mml) [Transferred from New York Southern on 3/17/2021.]
January 6, 2017 Opinion or Order Filing 63 PRO SE MEMORANDUM re: CHANGE OF ADDRESS for Wesley Williams. New Address: Wesley Williams, 06-A-3252, Auburn Correctional Facility, P.O. Box 618, Pine City, NY 13024. (vn) [Transferred from New York Southern on 3/17/2021.]
November 7, 2016 Opinion or Order Filing 62 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Susan Devlin-Varin. Attempted Service of Summons and Amended Complaint. Service was attempted on 10/3/16. Document filed by Wesley Williams. (sc) [Transferred from New York Southern on 3/17/2021.]
November 7, 2016 Opinion or Order Filing 61 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Timothy E. Whalen. Attempted Service of Summons and Amended Complaint. Service was attempted on 10/17/16. Document filed by Wesley Williams. (sc) [Transferred from New York Southern on 3/17/2021.]
November 2, 2016 Opinion or Order Filing 60 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from W. Williams dated 10/26/2016 re: All of Plaintiff's legal filings have been confiscated. ENDORSEMENT: The Attorney General's Office is directed to respond to this letter by Nov. 16, 2016. (Signed by Judge Nelson Stephen Roman on 11/2/2016) Copies Mailed By Chambers. (mml) [Transferred from New York Southern on 3/17/2021.]
October 25, 2016 Opinion or Order Filing 59 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 10/25/2016 re: All state defendants must respond to the amended complaint by 12/19/2016. ENDORSEMENT: Defendants are directed to respond to Plaintiff's complaint on or before 12/19/2016. APS answer due 12/19/2016; Albert Acrish answer due 12/19/2016; Frederick Bernstein answer due 12/19/2016; Susan Devlin-Varin answer due 12/19/2016; Carl J. Koenigsmann answer due 12/19/2016; Regional Director of Green Haven Correctional Facility answer due 12/19/2016; Timothy E. Whalen answer due 12/19/2016. (Signed by Judge Nelson Stephen Roman on 10/25/2016) Copies Mailed By Chambers. (mml) [Transferred from New York Southern on 3/17/2021.]
October 18, 2016 Opinion or Order Filing 58 ANSWER to #51 Amended Complaint,. Document filed by APS.(Constan, Katherine) [Transferred from New York Southern on 3/17/2021.]
September 15, 2016 Opinion or Order Filing 57 PRO SE MEMORANDUM dated 9/2/16 re: CHANGE OF ADDRESS for Wesley Williams. New Address: #06A3252, Southport C.F., P.O. Box 2000, Pine City, New York, 14871-2000. (sc) [Transferred from New York Southern on 3/17/2021.]
September 1, 2016 Opinion or Order Filing 56 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. APS served on 8/22/2016, answer due 10/21/2016. Service was made by Mail, signed and returned by Max Gaugean, Attorney. Document filed by Wesley Williams. (sc) [Transferred from New York Southern on 3/17/2021.]
August 25, 2016 Opinion or Order Filing 55 LETTER from Wesley Williams dated 12/8/16 re: Plaintiff informs the Court that its Opinion & Order dated 8/5/16 instructs "the Clerk of the Court to fill out a U.S. Marshal's form for each of these defendants," and he wants to know if this means that the Court will be sending him any paperwork to send off as for the first defendants. Document filed by Wesley Williams.(sc) [Transferred from New York Southern on 3/17/2021.]
August 12, 2016 Opinion or Order Transmission to Docket Assistant Clerk. Transmitted re: #54 Memorandum & Opinion, to the Docket Assistant Clerk for case processing. (rj) [Transferred from New York Southern on 3/17/2021.]
August 12, 2016 Opinion or Order Mailed a copy of #54 Memorandum & Opinion, to Wesley Williams. (vj) [Transferred from New York Southern on 3/17/2021.]
August 9, 2016 Opinion or Order SUMMONS ISSUED as to APS, Susan Devlin-Varin, Timothy E. Whalen. (nb) [Transferred from New York Southern on 3/17/2021.]
August 9, 2016 Opinion or Order FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 8/9/2016 per the instructions of Judge Nelson Stephen Roman. See #53 Order of Service. (nb) [Transferred from New York Southern on 3/17/2021.]
August 9, 2016 Opinion or Order FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 8/9/2016 via Regular Mail. The information package included: a copy of the Order of Service, Initial Case Memo Letter, Judge's individual rules, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case files, 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 3/17/2021.]
August 8, 2016 Opinion or Order Filing 53 ORDER OF SERVICE: To allow Plaintiff to effect service on Defendants Dr. Timothy Whalen, Nurse Devlin-Varin, and APS, 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. Dr. Timothy Whalen is retired from the New York State Department of Corrections & Community Supervision ("DOCCS"), so the summons and complaint should be sent to DOCCS' Counsel Office at Harriman State Campus, Bldg. 9, Albany, NY 12929. APS has been acquired by a company called KEYPRO, which can be served at 777 Harrisburg, PA, 17111. Finally, the service addresses for Nurse Devlin Varin is Clinton Correctional Facility, Route 374, Cook Street, Box 2000, Dannemora, NY 12929. 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. Plaintiff must effect service within 90 days of the date the summons is issued. It is Plaintiff's responsibility to ensure that service is made and, if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). It is also 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. USM-285 Form due by 9/7/2016. Request for Issuance of Summons due by 9/7/2016. (Signed by Judge Nelson Stephen Roman on 8/8/2016) (mml) [Transferred from New York Southern on 3/17/2021.]
August 5, 2016 Opinion or Order Filing 54 OPINION AND ORDER: To allow Plaintiff to effect service on Defendants Dr. Timothy Whalen, Nurse Devlin-Varin, and APS, 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. Dr. Timothy Whalen is retired from the New York State Department of Corrections & Community Supervision ("DOCCS"), so the summons and complaint should be sent to DOCCS' Counsel Office at Harriman State Campus, Bldg. 9, Albany, NY 12929. APS has been acquired by a company called KEYPRO, which can be served at 777 Harrisburg, PA, 17111. Finally, the service addresses for Nurse Devlin Varin is Clinton Correctional Facility, Route 374, Cook Street, Box 2000, Dannemora, NY 12929. 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. Plaintiff must effect service within 90 days of the date the summons is issued. It is Plaintiff's responsibility to ensure that service is made and, if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). It is also 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 Nelson Stephen Roman on 8/5/2016) (rj) [Transferred from New York Southern on 3/17/2021.]
June 16, 2016 Opinion or Order Filing 52 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 6/16/2016 re: Counsel requests that the time for all state defendants to respond to the amended complaint be adjourned until the date when a response is due from the last served state defendant. ENDORSEMENT: The application is granted. (Signed by Judge Nelson Stephen Roman on 6/16/2016) Copies Mailed By Chambers. (mml) [Transferred from New York Southern on 3/17/2021.]
June 10, 2016 Opinion or Order Filing 51 AMENDED COMPLAINT amending #2 Complaint against APS, Albert Acrish, Frederick Bernstein, Susan Devlin-Varin, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility, Timothy E. Whalen. Document filed by Wesley Williams. Related document: #2 Complaint filed by Wesley Williams. (mml) [Transferred from New York Southern on 3/17/2021.]
June 10, 2016 Opinion or Order Filing 50 OPINION & ORDER re: #44 FIRST MOTION to Amend/Correct Plaintiff's Complaint filed by Wesley Williams. For the foregoing reasons, the Plaintiff's Motion to Amend is GRANTED. The Court accepts the PAC as the controlling complaint and will docket it accordingly. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/10/2016) Copies Mailed By Chambers. (mml) [Transferred from New York Southern on 3/17/2021.]
May 18, 2016 Opinion or Order Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from Wesley Williams 06A3252 Elmira C.F. P.O. Box 500 Elmira, NY 14902 mailed on 5/18/2016. (nb) [Transferred from New York Southern on 3/17/2021.]
May 17, 2016 Opinion or Order Filing 49 LETTER from W. Williams, dated 5/12/16 re: Plaintiff requests that the Court send him an updated copy of the civil docket in this case. Document filed by Wesley Williams.(sc) [Transferred from New York Southern on 3/17/2021.]
May 17, 2016 Opinion or Order Request for Copy of the updated Docket Sheet Received: Re #49 Letter. Request for Docket Report, from Wesley Williams received on 5/17/16. Transmission to Pro Se Assistants for processing. (sc) [Transferred from New York Southern on 3/17/2021.]
March 7, 2016 Opinion or Order Filing 48 NOTICE OF CHANGE OF ADDRESS by Wesley Williams. New Address: Elmira Correctional Facility, P.O. Box 500, Elmira, NY, 14902. (mml) [Transferred from New York Southern on 3/17/2021.]
December 22, 2015 Opinion or Order Filing 47 LETTER addressed to Judge Nelson Stephen Roman from Wesley Williams dated 12/15/2015 re: Plaintiff's change of address. Document filed by Wesley Williams. (mml) [Transferred from New York Southern on 3/17/2021.]
November 4, 2015 Opinion or Order Filing 46 REPLY MEMORANDUM OF LAW in Support re: #44 FIRST MOTION to Amend/Correct Plaintiff's Complaint. . Document filed by Wesley Williams. (Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
November 4, 2015 Opinion or Order Filing 45 MEMORANDUM OF LAW in Opposition re: #44 FIRST MOTION to Amend/Correct Plaintiff's Complaint. . Document filed by Acrish, Facility Health Services Director of Green Haven Correctional Facility, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility. (Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
November 4, 2015 Opinion or Order Filing 44 FIRST MOTION to Amend/Correct Plaintiff's Complaint. Document filed by Wesley Williams.(Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
October 29, 2015 Opinion or Order Filing 43 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 10/28/2015 re: Counsel requests an adjournment of defendants' time to file plaintiff's fully briefed motion to amend the complaint to 11/9/2015. ENDORSEMENT: The application is granted. (Motions due by 11/9/2015.) (Signed by Judge Nelson Stephen Roman on 10/29/2015) Copies Mailed By Chambers. (mml) [Transferred from New York Southern on 3/17/2021.]
September 3, 2015 Opinion or Order Filing 42 MEMO ENDORSEMENT on re: #39 Letter filed by Wesley Williams. ENDORSEMENT: The Court Grants pro se Plaintiff's August 16, 2015 letter request for an extension of time to file motion to amend the complaint and the briefing schedule is amended as follows: moving papers shall be served by September 24, 2015; opposition shall be served by October 15, 2015; and reply shall be served by October 29, 2015. Defendants' counsel is directed to electronically file all motion documents on the reply date, October 29, 2015. The parties shall provide 2 copies of all documents to chambers as the documents are served. No further extensions. The Initial Pretrial Conference scheduled for September 25, 2015 is adjourned sine die pending the Court's decision on the motion to amend. SO ORDERED. (Motions due by 10/29/2015.) (Signed by Judge Nelson Stephen Roman on 9/3/2015) Copies Mailed By Chambers. (mml) [Transferred from New York Southern on 3/17/2021.]
August 31, 2015 Opinion or Order Filing 41 AMENDED ORDER: IT IS HEREBY ORDERED, that the Superintendent or other official in charge of the Upstate Correctional Facility, produce prisoner Wesley Williams, Identification No. 06-A-3252, at 12:30 pm on September 25, 2015, at a suitable location within Upstate Correctional Facility equipped with a telephone, for the purpose of pa1ticipating by telephone in an initial pretrial conference with the Court and defendant counsel in the above-referenced matter. Defendants' counsel shall appear in person, and the Plaintiff is to appear telephonically. Defendants' counsel shall bring a completed Case Management Plan to the conference. Chambers will call the Facility on the above date/time. If this time and date presents an inconvenience, the Superintendent or the Superintendent's designee should promptly inform Chambers by calling (914) 390-4177. Re: Incarcerated Prisoners Incarcerated petitioners/plaintiffs shall participate in the conference by telephone (in lieu of a writ of appearance). SO ORDERED. (Initial Conference set for 9/25/2015 at 12:30 PM before Judge Nelson Stephen Roman) (Signed by Judge Nelson Stephen Roman on 8/31/2015) Copies Mailed 8/31/2015 By Chambers of Nelson S. Roman, U.S.D.J. (lnl) [Transferred from New York Southern on 3/17/2021.]
August 31, 2015 Opinion or Order Filing 40 NOTICE OF CHANGE OF ADDRESS by Wesley Williams. New Address: Upstate Correctional Facility, P.O.Box 2001, Malone, NY 12953. (lnl) [Transferred from New York Southern on 3/17/2021.]
August 21, 2015 Opinion or Order Filing 39 LETTER addressed to Judge Nelson Stephen Roman from Wesley Williams dated 8/16/2015 re: Letter request for extension of time to file motion to amend. Document filed by Wesley Williams. (mml) [Transferred from New York Southern on 3/17/2021.]
August 7, 2015 Opinion or Order Filing 38 MEMORANDUM ENDORSEMENT: The court is in receipt of a document which pro se plaintiff has entitled "Amended Complaint." Plaintiff is reminded that the Court merely granted plaintiff leave to file a motion to amend the complaint. See, Docket Entry 33, dated June 12, 2015. Such leave did not grant plaintiff the right to file an amended complaint. Should plaintiff require additional time to file such a motion, plaintiff must make a written request to the court for an extension. Accordingly, the document entitled "Amended Complaint," shall not be docketed and is being returned to the plaintiff. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/7/2015) Copies Mailed By Chambers. (mml) [Transferred from New York Southern on 3/17/2021.]
August 3, 2015 Opinion or Order Filing 37 ORDER: IT IS HEREBY ORDERED, that the Superintendent or other official in charge of the Clinton Correctional Facility, produce prisoner Wesley Williams, Identification No. 06-A-3252, at 12:30 pm on September 25, 2015, at a suitable location within Clinton Correctional Facility equipped with a telephone, for the purpose of participating by telephone in an initial pretrial conference with the Court and defendant counsel in the above-referenced matter. Defendants' counsel shall appear in person, and the Plaintiff is to appear telephonically. Defendants' counsel shall bring a completed Case Management Plan to the conference. Chambers will call the Facility on the above date/time. If this time and date presents an inconvenience, the Superintendent or the Superintendent's designee should promptly inform Chambers by calling (914) 390-4177. SO ORDERED. (Initial Conference set for 9/25/2015 at 12:30 PM before Judge Nelson Stephen Roman.) Copies Mailed By Chambers. (Signed by Judge Nelson Stephen Roman on 8/3/2015) (mml) [Transferred from New York Southern on 3/17/2021.]
July 27, 2015 Opinion or Order Filing 36 ANSWER to #2 Complaint with JURY DEMAND. Document filed by Acrish, Facility Health Services Director of Green Haven Correctional Facility, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility.(Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
July 27, 2015 Opinion or Order Mailed a copy of #35 Endorsed Letter, to Wesley Williams 06A3252 Clinton Correctional Facility P.O. Box 2002 Dannemora, NY 12929. (ca) [Transferred from New York Southern on 3/17/2021.]
July 24, 2015 Opinion or Order Filing 35 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 7/21/2015 re: Counsel requests that the time for defendants to answer the Complaint be stayed until after there is a decision on plaintiff's motion to amend the Complaint. ENDORSEMENT: The application is denied. (Signed by Judge Nelson Stephen Roman on 7/24/2015) (mml) [Transferred from New York Southern on 3/17/2021.]
July 24, 2015 Opinion or Order Transmission to Docket Assistant Clerk. Transmitted re: #35 Endorsed Letter to the Docket Assistant Clerk for case processing. (mml) [Transferred from New York Southern on 3/17/2021.]
July 17, 2015 Opinion or Order Mailed a copy of #34 Memorandum & Opinion, to Wesley Williams 06A3252 Clinton Correctional Facility P.O. Box 2002 Dannemora, NY 12929. (ca) [Transferred from New York Southern on 3/17/2021.]
July 16, 2015 Opinion or Order Filing 34 OPINION AND ORDER re: #25 MOTION to Dismiss filed by Acrish, Facility Health Services Director of Green Haven Correctional Facility, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility. For the foregoing reasons, Defendants' motion to dismiss is DENIED. Defendants shall have until 30 days from the date of this order to file an answer. An initial case management and scheduling conference pursuant to Fed. R. Civ. P. 16 is scheduled for September 25, 2015 at 12:30 p.m., at the United States Courthouse, 300 Quarropas Street, Courtroom 218, White Plains, New York 10601. The parties shall confer in accordance with Fed. R. Civ. P. 26(f) at least 21 days prior to the conference and attempt in good faith to agree upon a proposed discovery plan that will ensure trial readiness within six months of the conference date. The parties shall also complete a Civil Case Discovery Plan and Scheduling Order and bring it to the conference. The Court respectfully directs the Clerk to terminate the motion at ECF No. 25. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/16/2015) (mml) [Transferred from New York Southern on 3/17/2021.]
July 16, 2015 Opinion or Order Set/Reset Hearings: Initial Case Management and Scheduling Conference set for 9/25/2015 at 12:30 PM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman. (mml) [Transferred from New York Southern on 3/17/2021.]
July 16, 2015 Opinion or Order Transmission to Docket Assistant Clerk. Transmitted re: #34 Opinion and Order to the Docket Assistant Clerk for case processing. (mml) [Transferred from New York Southern on 3/17/2021.]
June 12, 2015 Opinion or Order Filing 33 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 5/22/2015 re: Counsel writes in opposition to plaintiff's application for permission to file an Amended Complaint. MEMORANDUM ENDORSEMENT: The Court Grants Plaintiff leave to file a motion to amend the complaint. The briefing schedule is as follows: moving papers shall be served by July 17, 2015; opposition shall be served by August 17, 2015; and reply shall be served by September 11, 2015. Defendants' counsel is directed to electronically file all motion documents on the reply date, September 11, 2015. The parties shall provide 2 copies of all documents to chambers as the documents are served. SO ORDERED. (Motions due by 9/11/2015.) (Signed by Judge Nelson Stephen Roman on 6/12/2015) Copies Mailed By Chambers. (mml) [Transferred from New York Southern on 3/17/2021.]
April 23, 2015 Opinion or Order Filing 32 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 4/22/2015 re: Counsel requests an extension of time to respond to the Court with respect to whether plaintiff should be granted permission to file it. ENDORSEMENT: The application is granted. Defendants are Granted an extension of time until May 22, 2014 to respond to the Court re: Plaintiff's filing of the proposed amended complaint. (Signed by Judge Nelson Stephen Roman on 4/23/2015) Copies Mailed By Chambers. (mml) [Transferred from New York Southern on 3/17/2021.]
March 25, 2015 Opinion or Order Filing 31 MEMO ENDORSEMENT on re: #30 Letter, filed by Acrish, Facility Health Services Director of Green Haven Correctional Facility, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility. ENDORSEMENT: Plaintiff directed to serve a copy of the proposed Amended Complaint upon Defendants attorney and the Court by April 15, 2015. SO ORDERED. (Service due by 4/15/2015.) (Signed by Judge Nelson Stephen Roman on 3/25/2015) Copies Mailed By Chambers. (mml) [Transferred from New York Southern on 3/17/2021.]
March 24, 2015 Opinion or Order Filing 30 LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated March 24, 2015 re: Plaintiff's Application to Amend. Document filed by Acrish, Facility Health Services Director of Green Haven Correctional Facility, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility.(Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
March 16, 2015 Opinion or Order Filing 29 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Wesley Williams dated 2/23/2015 re: Plaintiff will move the court for permission of leave to amend complaint on 2/27/2015. ENDORSEMENT: Defendants are instructed to respond to this letter in writing (not to exceed 3 pages) by March 24, 2015. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/16/2015) Copies Mailed By Chambers. (mml) [Transferred from New York Southern on 3/17/2021.]
February 19, 2015 Opinion or Order Filing 28 AFFIDAVIT OF SERVICE of Reply Memorandum of Law served on Wesley Williams on February 19, 2015. Service was made by Mail. Document filed by Acrish, Facility Health Services Director of Green Haven Correctional Facility, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility. (Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
February 19, 2015 Opinion or Order Filing 27 REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss . . Document filed by Acrish, Facility Health Services Director of Green Haven Correctional Facility, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility. (Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
February 19, 2015 Opinion or Order Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss . . Document filed by Acrish, Facility Health Services Director of Green Haven Correctional Facility, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility. (Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
February 19, 2015 Opinion or Order Filing 25 MOTION to Dismiss . Document filed by Acrish, Facility Health Services Director of Green Haven Correctional Facility, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility.(Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
February 9, 2015 Opinion or Order Filing 24 MEMORANDUM OF LAW in Support of Plaintiff's Opposition to the Motion to Dismiss. Document filed by Wesley Williams. (rdz) [Transferred from New York Southern on 3/17/2021.]
January 7, 2015 Opinion or Order Filing 23 ORDER: Plaintiff's application fails because at this early stage in the proceedings, the Court is unable to conclude that Plaintiff's claims are likely to have merit, although this conclusion may change as the action progresses. Therefore, Plaintiff's request for appointment of pro bono counsel is DENIED without prejudice to renewal at a later stage in proceedings. (Signed by Judge Nelson Stephen Roman on 1/7/2015) Copies Mailed By Chambers. (rj) [Transferred from New York Southern on 3/17/2021.]
December 19, 2014 Opinion or Order Filing 22 LETTER addressed to Judge Nelson Stephen Roman from Wesley Williams dated 12/10/2014 re: I am writing a Pro Se Plaintiff in the above. I write to request legal assistance. Document filed by Wesley Williams.(rdz) [Transferred from New York Southern on 3/17/2021.]
December 1, 2014 Opinion or Order Filing 21 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 11/28/2014 re: Counsel requests permission to move to dismiss Plaintiff's complaint. MEMORANDUM ENDORSEMENT: The Court waives the pre-motion conference requirement and Grants Defendants leave to file a motion to dismiss as follows: moving papers to be served January 6, 2015; opposition to be served February 6, 2015; and reply to be served February 23, 2015. Defendants' counsel is directed to file all motion documents on the reply date, February 23, 2015. The parties shall provide 2 copies of all documents to chambers as the documents are served. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/1/2014) Copies Mailed By Chambers. (mml) [Transferred from New York Southern on 3/17/2021.]
December 1, 2014 Opinion or Order Set/Reset Deadlines: Motions due by 2/23/2015. (mml) [Transferred from New York Southern on 3/17/2021.]
November 6, 2014 Opinion or Order Filing 18 NOTICE OF APPEARANCE by Neil Shevlin on behalf of Acrish, Facility Health Services Director of Green Haven Correctional Facility, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility. (Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
October 31, 2014 Opinion or Order Filing 17 NOTICE re: Motion that the Court order the Attorney General to release the names of the following and their addresses so that they may be served: the Nurse Administrator for Green Haven Facility from 2009-2010, the Regional Director of Green Haven Hub from 2009-2010, etc. Document filed by Wesley Williams. (sc) [Transferred from New York Southern on 3/17/2021.]
October 30, 2014 Opinion or Order Filing 20 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Regional Director of Green Haven Correctional Facility. Attempted Service of Summons and Complaint. Service was attempted on 10/10/14. Document filed by Wesley Williams. (sc) [Transferred from New York Southern on 3/17/2021.]
October 30, 2014 Opinion or Order Filing 19 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Facility Health Services Director of Green Haven Correctional Facility served on 10/24/2014, answer due 12/2/2014. Service was accepted by Jennifer Hotaling. Document filed by Wesley Williams. (sc) [Transferred from New York Southern on 3/17/2021.]
October 23, 2014 Opinion or Order Filing 16 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 10/20/2014 re: Counsel writes to request an extension of all Defendants; time to respond to the complaint. ENDORSEMENT: The application is granted. All Defendants are Granted an extension of time until Dec. 2, 2014 to respond to the Complaint., Acrish answer due 12/2/2014; Facility Health Services Director of Green Haven Correctional Facility answer due 12/2/2014; Carl J. Koenigsmann answer due 12/2/2014; Regional Director of Green Haven Correctional Facility answer due 12/2/2014. (Signed by Judge Nelson Stephen Roman on 10/23/2014) Copies Mailed By Chambers. (mml) [Transferred from New York Southern on 3/17/2021.]
October 23, 2014 Opinion or Order Filing 15 MEMO ENDORSEMENT on re: #12 Letter, filed by Wesley Williams. ENDORSEMENT: The Pro Se Office is directed to respond to this letter. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/23/2014) Copies Mailed By Chambers. (mml) [Transferred from New York Southern on 3/17/2021.]
October 20, 2014 Opinion or Order Filing 14 AFFIDAVIT OF SERVICE of Notice of Appearance served on Wesley Williams on October 20, 2014. Service was made by Mail. Document filed by Acrish, Facility Health Services Director of Green Haven Correctional Facility, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility. (Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
October 20, 2014 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Neil Shevlin on behalf of Acrish, Facility Health Services Director of Green Haven Correctional Facility, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility. (Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
October 6, 2014 Opinion or Order Filing 12 LETTER from Wesley Williams, DIN #06A3252, dated 9/29/14 re: (INFORMATION)Plaintiff requests that the Court Clerk's Office inform him as to why he was never sent a copy of the notice of service for two of the four orders of service which he sent on 7/29/14. Document filed by Wesley Williams.(sc) [Transferred from New York Southern on 3/17/2021.]
September 10, 2014 Opinion or Order Filing 11 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Acrish served on 9/4/2014, answer due 11/3/2014. Service was made by Mail. Document filed by Wesley Williams. (sc) [Transferred from New York Southern on 3/17/2021.]
September 10, 2014 Opinion or Order Filing 10 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Carl J. Koenigsmann served on 8/25/2014, answer due 10/24/2014. Service was made by Mail. Document filed by Wesley Williams. (sc) [Transferred from New York Southern on 3/17/2021.]
September 8, 2014 Opinion or Order Filing 9 PRO SE MEMORANDUM dated 8/31/14 re: CHANGE OF ADDRESS for Wesley Williams. New Address: DIN#06A3252, Clinton Corr. Facility Annex, Box 2002, Dannemora, New York, 12929. (sc) [Transferred from New York Southern on 3/17/2021.]
September 8, 2014 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Neil Shevlin on behalf of Acrish, Carl J. Koenigsmann. (Shevlin, Neil) [Transferred from New York Southern on 3/17/2021.]
July 21, 2014 Opinion or Order Received Form U.S.M.-285 for defendant(s): Carl J. Koenigsmann, Facility Health Services Director of Green Haven Correctional Facility,Doctor Acrish,Regional Director of Green Haven Correctional Facility on 7/18/2014. Summons to be issued listing these defendants for service of #2 Complaint. (sbr) [Transferred from New York Southern on 3/17/2021.]
July 21, 2014 Opinion or Order SUMMONS ISSUED as to Acrish, Facility Health Services Director of Green Haven Correctional Facility, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility. (sbr) [Transferred from New York Southern on 3/17/2021.]
July 21, 2014 Opinion or Order FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 7/21/2014 per the instructions of Judge Nelson Stephen Roman. See #7 Order of Service. (sbr) [Transferred from New York Southern on 3/17/2021.]
June 24, 2014 Opinion or Order Mailed notice re: Notice of Case Assignment/Reassignment to the Plaintiff(s) of record. (sbr) [Transferred from New York Southern on 3/17/2021.]
June 24, 2014 Opinion or Order FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 6/24/2014 via REGULAR MAIL. The information package included: Initial Case Memo Letter, a copy of the Order Granting In Forma Pauperis Application (IFP), United States Marshal (U.S.M.-285) forms (One For Each Defendant), change of address postcards, Judge's individual rules, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge. (sbr) [Transferred from New York Southern on 3/17/2021.]
June 24, 2014 Opinion or Order Mailed a copy of #7 Order of Service, to Wesley Williams 06A3252 Clinton Correctional Facility P.O. Box 2000 Dannemora, NY 12929. (ca) [Transferred from New York Southern on 3/17/2021.]
June 24, 2014 Opinion or Order Authorization Deduction Letter Mailed to Clinton Correctional Facility on 6/24/2014. (sbr) [Transferred from New York Southern on 3/17/2021.]
June 23, 2014 Opinion or Order Filing 7 ORDER OF SERVICE: To allow Plaintiff, who is proceeding in forma pauperis, to effect service on Defendants through the U.S. Marshals Service, the Clerk of Court is instructed to send Plaintiff a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each Defendant. Within thirty days of the date of this order, Plaintiff must complete a USM-285 form for each Defendant and return these forms to the Court. If Plaintiff does not wish to use the Marshals Service to effect service, he must notify the Court in writing within thirty days of the date of this order and request that a summons be issued directly to him. If within thirty days, Plaintiff has not returned the USM-285 forms or requested a summons, under Rule 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Upon receipt of the completed USM-285 forms, the Clerk of Court shall issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon Defendants. No matter what method of service Plaintiff chooses, he must effect service within 120 days of the date the summons is issued. It is Plaintiff's responsibility to inquire of the Marshals Service as to whether service has been made 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 issuance of the summons, Plaintiff has not made service or requested an extension of time in which to do so, under Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. 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. SO ORDERED. USM-285 Form due by 7/23/2014. Request for Issuance of Summons due by 7/23/2014. (Signed by Judge Nelson Stephen Roman on 6/23/2014) (mml) [Transferred from New York Southern on 3/17/2021.]
June 23, 2014 Opinion or Order Transmission to Docket Assistant Clerk. Transmitted re: #7 Order of Service to the Docket Assistant Clerk for case processing. (mml) [Transferred from New York Southern on 3/17/2021.]
June 23, 2014 Opinion or Order Magistrate Judge Lisa M. Smith is so designated. (pgu) [Transferred from New York Southern on 3/17/2021.]
June 23, 2014 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Loretta A. Preska is no longer assigned to the case. (pgu) [Transferred from New York Southern on 3/17/2021.]
June 20, 2014 Opinion or Order Filing 5 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Loretta A. Preska on 6/20/2014) (vj) [Transferred from New York Southern on 3/17/2021.]
April 21, 2014 Opinion or Order Filing 4 PRISONER AUTHORIZATION. Document filed by Wesley Williams. (rdz) [Transferred from New York Southern on 3/17/2021.]
April 11, 2014 Opinion or Order Filing 3 ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Prisoner Authorization Form due by 5/12/2014. (Signed by Judge Loretta A. Preska on 4/11/2014) (Attachments: #1 Prisoner Authorization Form)(dmg) [Transferred from New York Southern on 3/17/2021.]
April 11, 2014 Opinion or Order Transmission to Docket Assistant Clerk. Transmitted re: #3 Order Directing Prisoner Authorization and attached Prisoner Authorization form to the Docket Assistant Clerk for case processing. (dmg) [Transferred from New York Southern on 3/17/2021.]
April 11, 2014 Opinion or Order Mailed a copy of #3 Order Directing Prisoner Authorization, to Wesley Williams 06A3252 Clinton Correctional Facility P.O. Box 2000 Dannemora, NY 12929. (ca) [Transferred from New York Southern on 3/17/2021.]
April 11, 2014 Opinion or Order NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Loretta A. Preska. Judge Unassigned is no longer assigned to the case. (pgu) [Transferred from New York Southern on 3/17/2021.]
April 7, 2014 Opinion or Order Filing 2 COMPLAINT against Acrish, Facility Health Services Director of Green Haven Correctional Facility, Carl J. Koenigsmann, Regional Director of Green Haven Correctional Facility. Document filed by Wesley Williams.(ft) [Transferred from New York Southern on 3/17/2021.]
April 7, 2014 Opinion or Order Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Wesley Williams.(ft) [Transferred from New York Southern on 3/17/2021.]
April 7, 2014 Opinion or Order Case Designated ECF. (ft) [Transferred from New York Southern on 3/17/2021.]

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Search for this case: Williams v. Koenigsmann et al
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Defendant: Susan Devlin-Varin
Represented By: David C. White
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Defendant: Regional Director of Green Haven Correctional Facility
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Defendant: Nurse Practitioner Albert Acrish
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Defendant: Timothy E. Whalen
Represented By: David C. White
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Defendant: Aps
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Defendant: Frederick Bernstein
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Defendant: Carl J. Koenigsmann
Represented By: David C. White
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Plaintiff: Wesley Williams
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