Jones et al v. New York State Department of Corrections and Community Supervision et al
| Marlon Jones, George Jordan and Basheen Rush |
| New York State Department of Corrections and Community Supervision, Leslie Malin, Anthony Annucci, Cheryl Morris, Michael Capra, Hasin A. Mu'Min, Malavi, William Keyser and Watch Commander of Sing Sing Correctional Facility on 11-29-13 |
| 1:2015cv05381 |
| July 8, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Vincent L. Briccetti |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
79
OPINION AND ORDER re: 53 MOTION for Summary Judgment . filed by Leslie Malin, Michael Capra, Cheryl Morris. Defendants' motion for summary judgment is DENIED. Plaintiff and counsel for defendants are directed to appear for a st atus conference on September 21, 2018, at 12:00 p.m., at which time the Court will set a trial date and a schedule for pretrial submissions. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be t aken 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). The Clerk is instructed to terminate the motion. (Doc. #53). SO ORDERED. (Status Conference set for 9/21/2018 at 12:00 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 8/21/2018) Copies Mailed By Chambers. (mml)
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Filing
38
MEMORANDUM OPINION AND ORDER: The motion to dismiss is GRANTED as to plaintiff's first, second, and third claims, as well as to his claims under RLUIPA and for injunctive relief. The motion to dismiss is DENIED as to plaintiff's fourth claim. Thus, the only surviving claim is that from August to October 2014, plaintiff was prevented from attending separate Shi'a Jumu'ah prayer services. The Clerk is instructed to terminate the motion. (Doc. #32). The Clerk is further in structed to terminate defendants Anthony Annucci, Hasan A. Mu'Min, Sergeant Malavi, William Keyser, and "Watch Commander of Sing Sing Correctional Facility on 11-29-13." By separate order, the Court will schedule an initial confere nce. 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. (Signed by Judge Vincent L. Briccetti on 3/13/2017) (lnl)
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