Kotler v. Boley et al
| Kerry Kotler |
| C. Boley, J. Carreras, K. Chauvin and S. Reams |
| 1:2017cv00239 |
| January 11, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Franklin |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
83
ORDER: Plaintiff's argument is therefore moot, and his requests are denied. Accordingly, Plaintiffs motion is DENIED WITHOUT PREJUDICE. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 2/10/2023) Copies Mailed By Chambers. (ks)
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Filing
74
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in f rom a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 1/18/2023) (ks)
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Filing
69
CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for a status conference before the Honorable Kenneth M. Karas, United States District Judge, on Tuesday, January 17, 2023 at 2:30 p.m. NOTICE OF TELECONFERENCE INF ORMATION: Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Cour t is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the prose party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. So Ordered. ( Status Conference set for 1/17/2023 at 02:30 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 12/29/2022) (tg)
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Filing
58
ORDER OF DISMISSAL... Plaintiff's claims against Chauvin are dismissed without prejudice for failure to serve. See Herring v. City of Syracuse, No. 09-CV-1168, 2010 WL 3981960, at *2 (N.D.N.Y. Oct. 8, 2010) (dismissing pro se prisoner complai nt pursuant to Rule 4(m) where "the [c]ourt repeatedly gave notice to [the] [p]laintiff that it was going to dismiss the action if he did not" comply with court orders); Thomas v. Keane, No. 99-CV-4302, 2001 WL 410095, at *1 (S.D.N.Y. Ap r. 23, 2001) (noting that claims by an incarcerated pro se plaintiff were "dismissed pursuant to Fed. R. Civ. P. 4(m) for failure to complete service on these defendants"). The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff, and to close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/1/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing
53
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to issue a summons, complete the USM-285 forms with the address for Defendan t K. Chauvin, and deliver all documents necessary to effect service to the U.S. Marshals Service. The U.S. Marshals Service is respectfully directed to attempt in-person service. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/9/2021) (jca) Transmission to Pro Se Assistants for processing.
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Filing
52
ORDER granting 47 Motion for Extension of Time; denying 47 Motion Request for Reconsideration. For the reasons stated above, Plaintiff's Motion is denied insofar as it requests reconsideration of the Court's 2020 Opinion, and grant ed insofar as it requests an extension of time to effect service on Chauvin. Plaintiff must serve Chauvin by February 9, 2021. Consistent with its Order of October 3, 2018, (Dkt. No. 31), the U.S. Marshals Service is respectfully directed to again a ttempt to effect service upon Chauvin at her last known address. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No. 47), and mail a copy of this Order to Plaintiff at the address listed on the docket. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/9/2020) (nb)
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Filing
49
MEMO ENDORSEMENT with respect to 47 Motion for Extension of Time; with respect to 47 MOTION reinstating plaintiff's retaliation and due process related claims. ENDORSEMENT: The motion will be considered on the papers. No return date is necessary. Defense response is 4/7/20. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 3/23/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
46
OPINION & ORDER re: 43 MOTION to Dismiss . filed by C. Boley, J. Carreras, S. Reams. Defendants' Motion To Dismiss is granted. Plaintiff's claims against Defendants Boley, Carreras, and Reams are dismissed with prejudice. This is the second time adjudicating those claims, and Plaintiff has fixed virtually none of the problems identified by the Court in the 2018 Opinion. See Denny v. Barber, 576 F.2d 465, 471 (2d Cir. 1978) (holding that the plaintiff was not entitl ed to "a third go-around"); Melvin v. County of Westchester, No. 14-CV-2995, 2016 WL 1254394, at *24 n.19 (S.D.N.Y. Mar. 29, 2016) (granting motion to dismiss with prejudice where "[the] [p]laintiff has already had two bites at the ap ple, and they have proven fruitless" (citation, alterations and quotation marks omitted)). Furthermore, Chauvin is dismissed for failure to serve, but this dismissal is without prejudice. If service is not effected as to Chauvin within 30 days of this Opinion & Order and if Plaintiff continues to fail to request an extension of time to serve her, the Court may dismiss her from the Action with prejudice. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No. 43), and mail a copy of this Opinion & Order to Plaintiff at the address listed on the docket. SO ORDERED., (S. Reams (Inmate Grievance Program Supervisor), C. Boley (Correction Officer) and J. Carreras (Sergeant) terminated.) (Signed by Judge Kenneth M. Karas on 2/25/20) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing
29
OPINION & ORDER re: 20 MOTION to Dismiss filed by C. Boley, J. Carreras, S. Reams: For the reasons stated above, Defendants' Motion To Dismiss is granted. This Opinion does not impact Plaintiff's outstanding claims against Defenda nt Chauvin. Moreover, because this is the first adjudication of Plaintiff's claims on the merits, the dismissal is without prejudice. If Plaintiff wishes to file an amended complaint, Plaintiff must do so within 30 days of the date of this Opini on. Plaintiff should include within the amended complaint any changes to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consider. Plaintiff is advised that the amended complaint will replace, not supplement, th e original complaint. The amended complaint must contain all of the claims against all Defendants, including those who have not joined in this Motion to Dismiss. The Court will not consider factual allegations contained in supplemental letters, decla rations, or memoranda. If Plaintiff fails to abide by the 30-day deadline, his claims against the moving Defendants may be dismissed with prejudice. Moreover, Chauvin remains unserved and unrepresented. It appears that Chauvin was not served because she "retired," and is no longer able to be served at Fishkill. (Dkt. No. 18.) Accordingly, Defendants are instructed to inform the Court of the proper service address for Chauvin within 30 days of the issuance of this Opinion. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No. 20), and mail a copy of this Opinion to Plaintiff at the address listed on the docket. (Signed by Judge Kenneth M. Karas on 9/28/2018) (jwh) Transmission to Docket Assistant Clerk for processing.
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