Bishop v. New York State Department of Corrections and Community Supervision et al
| Lance Bishop |
| Sergeant Eric M. Fessette, Correction Officer Evan J. Holland, Dr. Richard J. Damico, Nurse Pat Manor, Dennis W. Bradford, Correction Officer William F. Nelson, New York State Department of Corrections and Community Supervision, Correction Officer Zachary R. Babbie, Clinton Correctional Facility, Ann Marie T. Sullivan, Superintendent McIntosh, Correction Officers Jane/John Does 1-5, Anthony J. Annucci, Correction Officer Tony E. Rock, Nurse Cathleen A. Reusser, New York State Office of Mental Health, Correction Officer Chad D. Labombard and Correction Officer Michael J. Coryer |
| 9:2024cv01314 |
| October 28, 2024 |
| U.S. District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Frederick J Scullin |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on December 9, 2024. A more recent docket listing may be available from PACER.
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Filing 29
TEXT ORDER RE #28 Motion for Extension of Time: Plaintiff's request for an extension of time to respond to the #26 Motion to Dismiss is GRANTED. Response to Motion due by 2/14/2025. Reply to Response to Motion due by 2/21/2025. Authorized by Senior Judge Frederick J. Scullin, Jr on 12/9/2024. (meb)
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| Filing 28 First MOTION for Extension of Time to File Response/Reply to February 14, 2025 (on consent) filed by Lance Bishop. Response to Motion due by 12/30/2024 Motions referred to Therese Wiley Dancks. (Silverman, Ellie) |
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Filing 27
TEXT ORDER: In light of the filing of a Motion to Dismiss (Dkt. No. #26 ), the 12/2/2024 Telephone Initial Conference and related deadlines are adjourned without new date at this time. The conference will be reset as necessary once a decision has been issued on the Motion to Dismiss. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/25/2024. (sg)
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| Filing 26 MOTION to Dismiss for Failure to State a Claim filed by Clinton Correctional Facility, McIntosh, Tony E. Rock, Chad D. Labombard, Dennis W. Bradford, William F. Nelson, Michael J. Coryer, Evan J. Holland, Cathleen A. Reusser, Pat Manor, Zachary R. Babbie, Eric M. Fessette, Richard J. Damico, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Anthony J. Annucci, Ann Marie T. Sullivan. Motion returnable before Judge Frederick J. Scullin, Jr., MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Clinton Correctional Facility, McIntosh, Tony E. Rock, Chad D. Labombard, Dennis W. Bradford, William F. Nelson, Michael J. Coryer, Evan J. Holland, Cathleen A. Reusser, Pat Manor, Zachary R. Babbie, Eric M. Fessette, Richard J. Damico, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Anthony J. Annucci, Ann Marie T. Sullivan. Motion returnable before Judge Frederick J. Scullin, Jr. Response to Motion due by 12/12/2024. Reply to Response to Motion due by 12/19/2024 (Attachments: #1 Declaration, #2 Memorandum of Law) (Lombardi, Elizabeth) |
| Filing 25 Summons Reissued as to Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (meb) |
| Filing 24 REQUEST FOR ISSUANCE OF SUMMONS(ES): Lance Bishop is requesting summons(es) be issued as to Anthony J. Annucci, New York State Department of Corrections and Community Supervision (Silverman, Ellie) |
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Filing 23
TEXT ORDER RE #22 Letter Request: Defendants' request for an extension for all defendants to answer the complaint is GRANTED. Anthony J. Annucci, Zachary R. Babbie, Dennis W. Bradford, Clinton Correctional Facility, Michael J. Coryer, Richard J. Damico, Eric M. Fessette, Evan J. Holland, Chad D. Labombard, Pat Manor, McIntosh, William F. Nelson, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Cathleen A. Reusser, Tony E. Rock, Ann Marie T. Sullivan answer due 11/22/2024. Authorized by Magistrate Judge Therese Wiley Dancks on 11/1/2024. (meb)
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| Filing 22 Letter Motion from Elizabeth Lombardi for Anthony J. Annucci, Zachary R. Babbie, Dennis W. Bradford, Clinton Correctional Facility, Michael J. Coryer, Richard J. Damico, Eric M. Fessette, Evan J. Holland, Chad D. Labombard, Pat Manor, McIntosh, William F. Nelson, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Cathleen A. Reusser, Tony E. Rock, Ann Marie T. Sullivan requesting an extension to respond to plaintiff's complaint submitted to Judge Therese Wiley Dancks . (Lombardi, Elizabeth) |
| Filing 21 SUMMONS Returned Executed by Lance Bishop. McIntosh served on 10/8/2024, answer due 11/4/2024. (Silverman, Ellie) |
| Filing 20 SUMMONS Returned Executed by Lance Bishop. Eric M. Fessette served on 10/8/2024, answer due 11/4/2024. (Silverman, Ellie) |
| Filing 19 SUMMONS Returned Executed by Lance Bishop. New York State Department of Corrections and Community Supervision served on 10/8/2024, answer due 11/4/2024. (Silverman, Ellie) |
| Filing 18 SUMMONS Returned Executed by Lance Bishop. New York State Office of Mental Health served on 10/8/2024, answer due 11/4/2024. (Silverman, Ellie) |
| Filing 17 SUMMONS Returned Executed by Lance Bishop. Pat Manor served on 10/8/2024, answer due 11/4/2024. (Silverman, Ellie) |
| Filing 16 SUMMONS Returned Executed by Lance Bishop. Cathleen A. Reusser served on 10/8/2024, answer due 11/4/2024. (Silverman, Ellie) |
| Filing 15 SUMMONS Returned Executed by Lance Bishop. Richard J. Damico served on 10/8/2024, answer due 10/29/2024. (Silverman, Ellie) |
| Filing 14 SUMMONS Returned Executed by Lance Bishop. Dennis W. Bradford served on 10/8/2024, answer due 11/4/2024. (Silverman, Ellie) |
| Filing 13 SUMMONS Returned Executed by Lance Bishop. Clinton Correctional Facility served on 10/8/2024, answer due 10/29/2024. (Silverman, Ellie) |
| Filing 12 SUMMONS Returned Executed by Lance Bishop. Zachary R. Babbie served on 10/8/2024, answer due 11/4/2024. (Silverman, Ellie) |
| Filing 11 SUMMONS Returned Executed by Lance Bishop. William F. Nelson served on 10/8/2024, answer due 11/4/2024. (Silverman, Ellie) |
| Filing 10 SUMMONS Returned Executed by Lance Bishop. Tony E. Rock served on 10/8/2024, answer due 11/4/2024. (Silverman, Ellie) |
| Filing 9 SUMMONS Returned Executed by Lance Bishop. Michael J. Coryer served on 10/8/2024, answer due 10/29/2024. (Silverman, Ellie) |
| Filing 8 SUMMONS Returned Executed by Lance Bishop. Evan J. Holland served on 10/8/2024, answer due 11/4/2024. (Silverman, Ellie) |
| Filing 7 SUMMONS Returned Executed by Lance Bishop. Chad D. Labombard served on 10/8/2024, answer due 11/4/2024. (Silverman, Ellie) |
| Filing 6 SUMMONS Returned Executed by Lance Bishop. Ann Marie T. Sullivan served on 10/8/2024, answer due 11/4/2024. (Silverman, Ellie) |
| Filing 5 SUMMONS Returned Executed by Lance Bishop. Anthony J. Annucci served on 10/8/2024, answer due 11/4/2024. (Silverman, Ellie) |
| Filing 4 NOTICE OF APPEARANCE by Ellie Silverman on behalf of Lance Bishop (Silverman, Ellie) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 12/2/2024 at 11:30 AM via telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/25/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (meb) |
| Filing 2 STATE COURT COMPLAINT relating to the #1 Notice of Removal filed by Plaintiff in Clinton County Supreme Court. (meb) |
| Filing 1 NOTICE OF REMOVAL from Clinton County Supreme Court, case number 24-00023196 (Filing fee $405 receipt number ANYNDC-6914637) filed by Anthony J. Annucci, Dennis W. Bradford, Evan J. Holland, Chad D. Labombard, Zachary R. Babbie, Pat Manor, Cathleen A. Reusser, New York State Department of Corrections and Community Supervision, Ann Marie T. Sullivan, McIntosh, William F. Nelson, Tony E. Rock, Eric M. Fessette, New York State Office of Mental Health. (Attachments: #1 State Court Summons and Complaint, #2 Civil Cover Sheet)(meb) |
| ***Answer due date updated for Anthony J. Annucci, Zachary R. Babbie, Dennis W. Bradford, Eric M. Fessette, Evan J. Holland, Chad D. Labombard, Pat Manor, McIntosh, William F. Nelson, New York State Department of Corrections and Community Supervision answer, New York State Office of Mental Health, Cathleen A. Reusser, Tony E. Rock, Ann Marie T. Sullivan answer due 11/4/2024. (meb) |
| TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (meb) |
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