Rush et al v. New York State Department of Correction and Community Supervision et al
||New York State Department of Correction and Community Supervision, L. Malin, Anthony Annucci, Cheryl Morris, N. Cheeseboro and Michael Capra
||April 15, 2015
||US District Court for the Southern District of New York
||Foley Square Office
||Loretta A. Preska
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|August 9, 2017
MEMORANDUM OPINION AND ORDER re: 77 MOTION for Reconsideration, filed by Basheen Rush. The motion for reconsideration is GRANTED in part and DENIED in part. Plaintiff's first claim is reinstated against defendant Mu'min only. The C lerk is instructed to (i) reinstate Imam Hasan A. Mu'min as a defendant in this action, (ii) terminate the motion (Doc. #77), and (iii) mail a copy of this Memorandum Opinion and Order to plaintiff at his address as it appears on the 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). (Signed by Judge Vincent L. Briccetti on 8/9/2017) (ras)
|June 29, 2017
OPINION AND ORDER re: 62 MOTION to Dismiss the First Amended Complaint. filed by K. Crowley, Noelle Cheeseboro, Michael Capra, Jeff McKoy, L. Malin, Cheryl Morris, Anthony Annucci. The motion to dismiss is GRANTED as to plaintif f's first, second, and fifth claims, as well as to his monetary claims under RLUIPA. The motion to dismiss is DENIED in all other respects. By separate order, the Court will schedule an initial conference. The Clerk is instructed to terminate t he motion (Doc. #62), and terminate defendants Capra, Crowley, Cheeseboro, Mu'min, and Tracz. 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). SO ORDERED., (K. Crowley (Superintendent at Orleans Correctional Facility), Imam Hasan A. Mu'min (at the Sing Sing Correctio nal Facility), T. Tracz (Deputy Superintendent of Programs at Orleans Correctional Facility), Michael Capra (Superintendent at Sing Sing Correctional Facility) and Noelle Cheeseboro (Assistance Deputy Superintendent of Programs at Sing Sing Correctional Facility) terminated.) (Signed by Judge Vincent L. Briccetti on 6/29/17) Copies Mailed By Chambers. (yv)
|October 4, 2016
OPINION AND ORDER re: 31 MOTION for Preliminary Injunction, filed by Basheen Rush. Plaintiff's motion for a preliminary injunction is DENIED.The Clerk is instructed to terminate the motion. (Doc. #31). So Ordered. (Signed by Judge Vincent L. Briccetti on 10/4/16) Copies Mailed By Chambers. (yv)
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