Wallace v. Fischer et al
| Keith Wallace |
| Brain Fischer, William A. Lee, Melville, Lt. Melville, Funk, Sgt. Funk, Fredericks, Officer Fredericks, Albert Prack and R. Koskowski |
| 1:2012cv08723 |
| November 29, 2012 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| Seneca |
| Paul A Crotty |
| Ronald L Ellis |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 22, 2016. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 48
MANDATE of USCA (Certified Copy) as to #47 Notice of Appeal filed by Keith Wallace USCA Case Number 15-3738. Appellant, pro se, moves for leave to proceed in forma pauperis. Upon due consideration, it is hereby ORDERED that the motion is DENIED and the appeal is DISMISSED because it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); see also 28 U.S.C. 1915(e). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 7/22/2016. (tp)
|
|
Transmission of USCA Mandate/Order to the District Judge re: #48 USCA Mandate. (tp)
|
|
Filing 47
NOTICE OF APPEAL from #46 Clerk's Judgment. Document filed by Keith Wallace. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Motion for IFP). (tp)
|
|
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #47 Notice of Appeal filed by Keith Wallace were transmitted to the U.S. Court of Appeals. (tp)
|
|
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #47 Notice of Appeal. (tp)
|
|
Appeal Fee Due: for #47 Notice of Appeal. Appeal fee due by 12/3/2015. (tp)
|
|
Appeal Remark as to #47 Notice of Appeal filed by Keith Wallace. IFP DENIED 11/04/2015. (tp)
|
|
Filing 46
CLERK'S JUDGMENT: That for the reasons set forth in the Court's Opinion and Order dated November 3, 2015, the Court declines to adopt Magistrate Ellis's Report and Recommendation (R&R); Lt. Melville's motion for judgment on the pleadings is granted and Wallace's Amended Complaint is dismissed with prejudice in its entirety; pursuant to 28 U.S.C. 1915(a)(3), the Court finds that any appeal from the Court's Opinion and Order dated November 3, 2015, would not be taken in good faith; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/4/2015) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)
|
|
Mailed notice of Right to Appeal re: #45 Memorandum & Opinion, #46 Clerk's Judgment, to Keith Wallace 01-A-3093 Auburn Correctional Facility P.O. Box 618. A.C.F. Auburn, NY 13024-0618. (ca)
|
|
Transmission to Docket Assistant Clerk. Transmitted re: #46 Clerk's Judgment, to the Docket Assistant Clerk for case processing. (dt)
|
|
Filing 45
OPINION AND ORDER re: #37 MOTION for Judgment on the Pleadings filed by Melville: The Court GRANTS Lt. Melville's Motion for Judgment on the Pleadings. Wallace's Amended Complaint is DISMISSED with prejudice in its entirety. The Clerk is directed to terminate the case. Pursuant to 28 U.S.C. 1915(a)(3), the Court finds that any appeal from this order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438 (1962). (Signed by Judge Paul A. Crotty on 11/3/2015) Copies Mailed By Chambers. (tn) (Additional attachment(s) added on 11/4/2015: #1 Appendix) (mov).
|
|
Transmission to Judgments and Orders Clerk. Transmitted re: #45 Opinion and Order, to the Judgments and Orders Clerk. (tn)
|
|
Filing 44
OBJECTION to #43 Report and Recommendations Document filed by Melville(Individually). (Lee, Julia)
|
|
Filing 43
REPORT AND RECOMMENDATION re: #37 MOTION for Judgment on the Pleadings filed by Melville. For the reasons set forth above, I recommend that Melville's Motion be DENIED. Objections to R&R due by 8/31/2015 (As further set forth in this Report and Recommendation.) (Signed by Magistrate Judge Ronald L. Ellis on 8/12/2015) Copies Mailed By Chambers. (kko)
|
|
Filing 42
REPLY MEMORANDUM OF LAW in Support re: #37 MOTION for Judgment on the Pleadings . . Document filed by Melville(Individually). (Lee, Julia)
|
|
Filing 41
(Affirmation)OPPOSITION TO DEFENDANT'S MOTION TO DISMISS; re: #37 MOTION for Judgment on the Pleadings . Document filed by Keith Wallace. (sc)
|
|
Filing 40
ORDER: IT IS HEREBY ORDERED THAT Wallace respond to Melville's Motion by July 13, 2015. If Wallace fails to file a timely response by July 13, 2015, the Court will consider the Motion to be fully briefed and will make a recommendation based on Melville's papers alone. If Wallace files a timely response, Melville's Reply is due by July 20, 2015. (As further set forth in this Order.) Set Deadlines/Hearing as to #37 MOTION for Judgment on the Pleadings: (Responses due by 7/13/2015, Replies due by 7/20/2015.) (Signed by Magistrate Judge Ronald L. Ellis on 6/22/2015) (kko)
|
|
Filing 39
DECLARATION of Julia H Lee in Support re: #37 MOTION for Judgment on the Pleadings .. Document filed by Melville(Individually). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lee, Julia)
|
|
Filing 38
MEMORANDUM OF LAW in Support re: #37 MOTION for Judgment on the Pleadings . . Document filed by Melville(Individually). (Lee, Julia)
|
|
Filing 37
MOTION for Judgment on the Pleadings . Document filed by Melville(Individually). Responses due by 6/16/2015(Lee, Julia)
|
|
Filing 36
LETTER addressed to Magistrate Judge Ronald L. Ellis from Keith Wallace, dated 4/30/15 re: Plaintiff informs the Court that he is submitting to the Court an "equitable and reasonable settlement" with stipulation in its agreement should the defendant choose to accept such; and that the plaintiff requests an opportunity to have a settlement agreement conference. Document filed by Keith Wallace.(sc)
|
|
Filing 35
ORDER: IT IS HEREBY ORDERED THAT: (1) Defendant's motion is due by May 26, 2015;(2) Plaintiff's response is due by June 16, 2015; and (3) Defendant's reply, if any, is due by June 23, 2015. SO ORDERED. ( Motions due by 5/26/2015., Responses due by 6/16/2015, Replies due by 6/23/2015.) (Signed by Magistrate Judge Ronald L. Ellis on 5/04/2015) (ama)
|
|
Filing 34
LETTER addressed to Magistrate Judge Ronald L. Ellis from Julia Lee dated 5/4/2015 re: Motion for Judgment on the Pleadings. Document filed by Melville(Individually).(Lee, Julia)
|
|
Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Telephone Conference held on 4/28/2015 at 12:30 p.m. (rsh)
|
|
Filing 33
ORDER: IT IS HEREBY ORDERED that the parties are scheduled for a TELEPHONIC CONFERENCE with the Court on April 28, 2015 at 12:00 p.m. On the day of the conference, the parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-805-0563. (Telephone Conference set for 4/28/2015 at 12:00 PM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 4/16/2015) (kko)
|
|
Filing 32
LETTER from Keith Wallace dated 1/5/15 re: CONSENT FOR TELECONFERENCE. Document filed by Keith Wallace.(sc)
|
|
Filing 31
PRO SE MEMORANDUM dated 10/12/14 re: CHANGE OF ADDRESS for Keith Wallace. New Address: DIN#01A3093, Upstate Corr. Facility, P.O. Box 2001, Malone, New York, 12953. (sc)
|
|
Filing 30
ANSWER to #2 Complaint,. Document filed by Melville(Individually).(Lee, Julia)
|
|
Filing 28
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #25 R&R #16 Motion to Dismiss filed by William A. Lee, Funk, Brain Fischer, Melville, Fredericks. CONCLUSION - For the foregoing reasons, the Court ADOPTS the R&R in its entirety. Accordingly, all claims are DISMISSED except the due process claims against Melville. The Clerk of Court is directed to terminate the motion at Docket No. 16. The reference to Magistrate Judge Ellis is continued. SO ORDERED. (Signed by Judge Paul A. Crotty on March 31, 2014) Copies Mailed By Chambers. (mov)
|
|
Filing 27
OBJECTION to #25 Report and Recommendations Document filed by Melville(Individually), Melville(Hearing Officer for Green Haven Corr. Fac.). (Lee, Julia)
|
|
Filing 29
LETTER from Keith Wallace re: Plaintiff submits this letter with attached Order of Service, Order of Reference to a Magistrate Judge, Civil Rights Complaint etc. Document filed by Keith Wallace.(sc)
|
|
Filing 26
LETTER addressed to Judge Paul A. Crotty from Keith Wallace, dated 3/20/14 re: AMENDMENT ANSWER: TO REPORT & RECOMMENDATION. Document filed by Keith Wallace.(sc)
|
|
Filing 25
REPORT AND RECOMMENDATIONS To the HONORABLE PAUL A. CROTTY, U.S.D.J. re: #16 MOTION to Dismiss filed by William A. Lee, Funk, Brain Fischer, Melville, Fredericks. For the foregoing reasons, I recommend that Defendants' Motion to Dismiss be GRANTED in part and DISMISSED in part. Specifically, I recommend that: (1) Defendants' motion to dismiss Wallace's claims against Fredericks and Funk be GRANTED because Wallace failed to exhaust his administrative remedies under the PLRA; (2) Defendants' motion to dismiss Wallace's First Amendment claims against all Defendants be GRANTED; (3) Defendants' motion to dismiss Wallace's Due Process claims be DENIED, and Wallace be permitted to amend his Complaint, as detailed above; (4) Defendants' motion to dismiss Wallace's claims against Fischer, Koskowski, Lee, and Prack be GRANTED for lack of personal involvement; (5) Defendants' request that Defendants be entitled to qualified immunity be DENIED as to Melville, and GRANTED as to the other Defendants; and (6) Wallace's motion for sanctions be DENIED. Pursuant to Rule 72, Federal Rules of Civil Procedure, the parties shall have fourteen (14) days after being served with a copy of the recommended disposition to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court and served on all adversaries, with extra copies delivered to the chambers of the Honorable Paul A Crotty, 500 Pearl Street, Room 1350, and to the chambers of the undersigned, 500 Pearl Street, Room 1970. Failure to file timely objections shall constitute a waiver of those objections both in the District Court and on later appeal to the United States Court of Appeals. Objections to R&R due by 3/28/2014 (Signed by Magistrate Judge Ronald L. Ellis on 3/11/2014) (rsh)
|
|
Request for Docket Sheet Mailed: Request for Docket Sheet as per #24 Letter from Keith Wallace mailed on 2/19/2014. (man)
|
|
Filing 24
(LETTER) PRO SE MEMORANDUM dated 2/10/2014 re: CHANGE OF ADDRESS for Keith Wallace. New Address: 01-A-3093, Clinton Correctional Facility, P.O. Box 2001, Dannemora, NY 12929. (Docket Sheet Request: Mailed) (man)
|
|
Request for Docket Sheet Mailed: Request for Docket Sheet from Keith Wallace mailed on 11/25/2013. (vn)
|
|
Filing 23
(LETTER) PRO SE MEMORANDUM dated 11/18/2013 re: CHANGE OF ADDRESS for Keith Wallace. New Address: 01-A-3093, Upstate Correctional Facility, P. O. Box 2001, Malone, NY, 12953. (Docket Sheet Request: Mailed) (man)
|
|
Filing 22
REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss.. Document filed by Brain Fischer(Commissioner of NYS DOCS), Brain Fischer(Individually), Fredericks, Fredericks, Funk(Sgt. for Green haven Corr. Fac.), Funk(Individually), William A. Lee(Individually), William A. Lee(Superintendent for Green Haven Corr. Fac.), Melville(Individually), Melville(Hearing Officer for Green Haven Corr. Fac.), Albert Prack. (Lee, Julia)
|
|
Filing 21
ENDORSED LETTER: addressed to Magistrate Judge Ronald L. Ellis from Julia H. Lee dated 5/20/2013 re: Counsel for defendants request an enlargement of time for the defendants to submit a reply memorandum of law in support of the motion to dismiss, up to and including, June 10, 2013. Defendants received plaintiff's opposition papers on May 15, 2013, 5 weeks after the notice of motion was served and filed. Defendants reply papers are due on May 22, 2013. ENDORSEMENT: So Ordered. ( Replies due by 5/22/2013.) (Signed by Magistrate Judge Ronald L. Ellis on 5/29/2013) (js)
|
|
Filing 19
(Response) NOTICE OF MOTION IN OPPOSITION TO DEFENDANT'S RULE 12/6/1 & 16 MOTION; re: #16 MOTION to Dismiss. Document filed by Keith Wallace. (sc)
|
|
Filing 20
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Albert Prack served on 4/10/2013, answer due 5/1/2013. Service was accepted by David Van Wurmer. Document filed by Keith Wallace. (mro)
|
|
Filing 18
MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss.. Document filed by Brain Fischer(Commissioner of NYS DOCS), Fredericks, Funk(Sgt. for Green haven Corr. Fac.), William A. Lee(Individually), Melville(Individually). (Lee, Julia)
|
|
Filing 17
DECLARATION of THOMAS MAURO in Support re: #16 MOTION to Dismiss.. Document filed by Brain Fischer(Commissioner of NYS DOCS), Fredericks, Funk(Sgt. for Green haven Corr. Fac.), William A. Lee(Individually), Melville(Individually). (Lee, Julia)
|
|
Filing 16
MOTION to Dismiss. Document filed by Brain Fischer(Commissioner of NYS DOCS), Fredericks, Funk(Sgt. for Green haven Corr. Fac.), William A. Lee(Individually), Melville(Individually).(Lee, Julia)
|
|
Filing 15
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Funk(Sgt. for Green haven Corr. Fac.) served on 3/22/2013, answer due 4/12/2013; Funk(Individually) served on 3/22/2013, answer due 4/12/2013. Service was made by mail. Document filed by Keith Wallace. (mro)
|
|
Filing 14
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Fredericks served on 2/21/2013, answer due 3/14/2013. Service was made by mail. Document filed by Keith Wallace. (sc)
|
|
Filing 13
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Melville(Hearing Officer for Green Haven Corr. Fac.) served on 2/15/2013, answer due 3/8/2013. Service was made by mail. Document filed by Keith Wallace. (sc)
|
|
Filing 12
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to R. Koskowski. Attempted Service of Summons and Complaint. Service was attempted on 2/20/2013. Document filed by Keith Wallace. (sc)
|
|
Filing 11
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Brain Fischer(Commissioner of NYS DOCS) served on 2/11/2013, answer due 4/8/2013. Service was made by mail. Document filed by Keith Wallace. (sc)
|
|
Filing 10
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. William A. Lee(Superintendent for Green Haven Corr. Fac.) served on 2/8/2013, answer due 3/1/2013. Service was made by mail. Document filed by Keith Wallace. (sc)
|
|
Filing 9
ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Julia H. Lee dated 2/21/2013 re: I am writing respectfully to request an enlargement of time for defendant Fischer and to answer, move or otherwise respond to the complaint, up to and including April 8, 2013. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Ronald L. Ellis on 2/25/2013) (mt)
|
|
Set/Reset Deadlines: Brain Fischer(Commissioner of NYS DOCS) answer due 4/8/2013; Brain Fischer(Individually) answer due 4/8/2013. (mt)
|
|
FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 1/28/2013. (vj)
|
|
SUMMONS ISSUED as to Brain Fischer(Commissioner of NYS DOCS), Fredericks, Funk(Sgt. for Green haven Corr. Fac.), R. Koskowski, William A. Lee(Individually), Melville(Individually), Albert Prack. (vj)
|
|
Transmission to Docket Assistant Clerk. Transmitted re: USM-285 Forms Received from Plaintiff. (vj)
|
|
FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 01/14/2013 via Federal Express AIRBILL # 898937567625. 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), a pro se handbook, 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, and affirmation of service forms. (jcs)
|
|
Authorization Deduction Letter Mailed to Five Points Correctional Facility on 01/14/2013. (jcs)
|
|
Filing 8
ORDER OF SERVICE: The Clerk of Court is directed to issue a Summons in this action, to the listed defendants and Plaintiff is directed to serve the Summons and Complaint upon each Defendant within 120 days of the issuance of the Summons. If service has not been made within the 120 days, and Plaintiff has not requested an extension of time to serve within that 120 days, the Complaint may be dismissed for failure to prosecute, pursuant to Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. Copies Mailed By Chambers (Signed by Judge Paul A. Crotty on 12/18/2012) (cd)
|
|
Filing 7
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Paul A. Crotty on 12/18/2012) (cd)
|
|
Filing 5
NOTICE OF CASE ASSIGNMENT to Judge Paul A. Crotty. Judge Unassigned is no longer assigned to the case. (pgu)
|
|
Mailed notice re: #5 Notice of Case Assignment/Reassignment to the attorney(s) of record. (pgu)
|
|
Magistrate Judge Ronald L. Ellis is so designated. (pgu)
|
|
Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without payment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Loretta A. Preska on 12/11/2012) (mt)
|
|
Filing 3
Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 12/11/12. (sc)
|
|
Filing 2
COMPLAINT against Brain Fischer(Commissioner of NYS DOCS), Brain Fischer(Individually), Fredericks, Fredericks, Funk(Sgt. for Green haven Corr. Fac.), Funk(Individually), R. Koskowski, William A. Lee(Individually), William A. Lee(Superintendent for Green Haven Corr. Fac.), Melville(Individually), Melville(Hearing Officer for Green Haven Corr. Fac.), Albert Prack. Document filed by Keith Wallace.(ft) (ft).
|
|
Filing 1
DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Keith Wallace.(ft) (ft).
|
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
