Gomez v. Ercole et al
Plaintiff: J.C. Gomez
Defendant: Robert E. Ercole, Rabbi Chill and John Does
Case Number: 1:2011cv06844
Filed: September 27, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Erie
Presiding Judge: Loretta A. Preska
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
June 9, 2015 Opinion or Order Filing 155 AMENDED MEMORANDUM ORDER ACCEPTING THE REPORT OF THE MAGISTRATE JUDGE, ADOPTING THE REPORT AS THE OPINION OF THE COURT, GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, AND DIRECTING THE CLERK OF COURT TO ENTER JUDGMENT DISMISSING THE CASE for 149 Report and Recommendations. I have reviewed the Report. I accept it and adopt it as the opinion of the court. For the reasons herein, The Clerk of the Court shall enter judgment in favor of the remaining Defendants dismissing the compla int, and terminate the motion at Docket #131 and any other pending motions. Plaintiff has thirty days from the entry of judgment to appeal to the United States Court of Appeals for the Second Circuit; he commences an appeal by filing a Notice of A ppeal with the Clerk of this court (not the Clerk of the Court of Appeals). This amended decision is the operative order in this case. It constitutes the decision and order of the court. (Signed by Judge Colleen McMahon on 6/9/2015) Copies Mailed By Chambers. (kgo)
June 8, 2015 Opinion or Order Filing 154 MEMORANDUM ORDER ACCEPTING THE REPORT OF THE MAGISTRATE JUDGE, ADOPTING THE REPORT AS THE OPINION OF THE COURT, GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, AND DIRECTING THE CLERK OF COURT TO ENTER JUDGMENT DISMISSING THE CASE for [149 ] Report and Recommendations. I have reviewed the Report. I accept it and adopt it as the opinion of the court. For the reasons herein, The Clerk of the Court shall enter judgment in favor of the remaining Defendants dismissing the compla int, and terminate the motion at Docket #131 and any other pending motions. Plaintiff has thirty days from the entry of judgment to appeal to the United States Court of Appeals for the Second Circuit; he commences an appeal by filing a Notice of Appeal with the Clerk of this court (not the Clerk of the Court of Appeals). (See Order.) (Signed by Judge Colleen McMahon on 6/8/2015) Copies Mailed By Chambers. (kgo)
June 18, 2014 Opinion or Order Filing 120 MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE HON. JAMES L. COTT, UNITED STATES MAGISTRATE JUDGE for 118 Report and Recommendations, 91 Motion to Dismiss, filed by C.O. J. Thorpe, R. Koskowski, Sgt. L. Fitch, C.O. M. Wesley, C.O. W. Monzon, Sgt. S. Murphy, R.N. S. Fila, A.D.S.P. L. Cecilia, C.O. C. Mell, C.O. Forosky, C.O. Brothers, Robert E. Ercole, C.O. D. Benitez, Jr., R. Wahlquist, C.O. J. Martin, C.O. M. Speed, Rabbi Chill: The court acc epts it as its opinion and adopts all of the Recommendations. The Clerk of the Court is directed to dismiss all claims against all defendants except for the Eighth Amendment Claim against defendant Koskowski and the First Amendment Claim against D efendant Chill. The caption in this case shall be amended to read as further set forth in this order. The new caption reflects the defendant's full name. I had previously granted his request to allow his name to be replaced by his initials (See Docket # 116), but in view of the fact that his sister sent a letter to the court calling Mr. Gomez by his full name I hereby rescind that order. (Signed by Judge Colleen McMahon on 6/18/2014) Copies Mailed By Chambers. (tn)
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Plaintiff: J.C. Gomez
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Defendant: Robert E. Ercole
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Defendant: Rabbi Chill
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Defendant: John Does
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