Adams v. Annucci
Plaintiff: Jerry Adams
Defendant: Anthony Annucci
Case Number: 1:2017cv03794
Filed: May 19, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Colleen McMahon
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
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Date Filed Document Text
March 28, 2023 Opinion or Order Filing 146 CLERK'S JUDGMENT re: 145 Memorandum & Opinion in favor of Ann Marie T. Sullivan, Anthony Annucci against Jerry Adams. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated March 28, 2023, Defendants' Motion is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/28/2023) (Attachments: # 1 Appeal Package) (km)
December 10, 2021 Opinion or Order Filing 111 NOTICE OF TELECONFERENCE INFORMATION: For the week of December 13, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designatedtime: 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 Court is operating remotely and has limited mail capability, counsel involved in any pro se cases sha ll mail a copy of this Notice to or otherwise inform the pro se 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. For initi al conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/10/2021) (ama)
October 11, 2021 Opinion or Order Filing 104 MEMO ENDORSEMENT granting 103 Letter Motion for Extension of Time to Complete Discovery; granting 103 Letter Motion to Adjourn Conference. ENDORSEMENT: Granted, but there will be NO more extensions. The conference is adjourned to 12/14/21, at 10:00 a.m. Defense counsel is to mail a copy of this memo endorsement to Plaintiff and certify this was done in a filing by 10/14/21. SO ORDERED. ( Deposition due by 11/16/2021.)( Case Management Conference set for 12/14/2021 at 10:00 AM before Judge Kenneth M. Karas.). (Signed by Judge Kenneth M. Karas on 10/9/2021) (tg)
July 12, 2021 Opinion or Order Filing 95 ORDER AUTHORIZING THE DEPOSITION OF INCARCERATED PLAINTIFF: IT IS HEREBY ORDERED, pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), that an Assistant Attorney General may take the deposition of inmate Plaintiff Jerry Adams, DIN# 89-A-7005, be fore a notary public or some other officer authorized to administer oaths by the laws of the United States or of the State of New York, at a Correctional Facility maintained by the New York State Department of Corrections and Community Supervision, o r virtually via a remote deposition at the same, upon notice to Plaintiff and the Superintendent of the Correctional Facility. The Clerk is respectfully requested to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 7/12/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
April 30, 2021 Opinion or Order Filing 85 NOTICE OF TELECONFERENCE INFORMATION. For the week of May 3, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. 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 Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall ma il a copy of this Notice to or otherwise inform the pro se 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. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/30/21) (yv)
April 1, 2021 Opinion or Order Filing 82 ORDER: Plaintiff has not filed a third amended complaint and has not otherwise communicated with the Court. A district court may dismiss a claim with prejudice for failure to prosecute. Palmieri v. Defaria, 88 F.3d 136, 140 (2d Cir. 1996). Such au thority "is an inherent...control necessarilyvested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases." Theilmann v. Rutland Hospital, 455 F.2d 853, 855 (2d Cir.1972) (quoting Link v. Wabash R.R. Co., 370 U.S. 626, 63031 (1962)). Given this authority, the Court concludes that dismissal of Plaintiffs Eighth and Fourteenth Amendment claims is warranted. Plaintiff has been afforded nearly a year to file a third amended complaint t o address the deficiencies in his Eighth and Fourteenth Amendment claims and has not done so. Plaintiff was instructed that failure to do so could result in dismissal of these claims. (Dkt. No 60.) Given that Plaintiff has not filed a third amended complaint, his Eighth and Fourteenth Amendment claims are dismissed with prejudice. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/1/2021) (jca) Transmission to Docket Assistant Clerk for processing.
January 29, 2021 Opinion or Order Filing 77 ORDER: For the foregoing reasons, the Plaintiff's Motion for Reconsideration is denied. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at the address listed on the docket. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/29/2021) (jca) Transmission to Docket Assistant Clerk for processing.
March 27, 2020 Opinion or Order Filing 60 OPINION AND ORDER re: 52 FIRST MOTION to Dismiss the Amended Complaint (Notice of Motion). filed by Ann Marie T. Sullivan, Anthony Annucci. For the reasons stated above, Defendants' Motion To Dismiss is granted in part and den ied in part. Plaintiff's Fourteenth Amendment claim regarding his status as a sex offender and First Amendment claim regarding the imposition of sanctions besides the revocation of good time credits by Annucci, (Am. Compl. 3), are not dismisse d. Plaintiff's Fifth Amendment claim is dismissed with prejudice. Certain of Plaintiffs First, Eighth, and Fourteenth Amendment claims are dismissed under Heck without prejudice to reinstitution of these claims in the event that Plaintiff 9;s conviction or incarceration is invalidated by "executive order,...a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus." Amaker, 179 F.3d at 52 ( collecting cases). Additionally, Plaintiffs Eighth Amendment claim regarding other sanctions imposed by Annucci, (Am. Compl. 3), and Fourteenth Amendment claim regarding procedural defects, such as notice, that would not necessarily invalidate the revocation of his good time credits are dismissed without prejudice. If Plaintiff wishes to file a third amended complaint alleging additional facts with respect to these Eighth and Fourteenth Amendment claims, and otherwise addressing the defici encies identified above, Plaintiff must do so within 30 days of the date of this Opinion & Order. Plaintiff is advised that the third amended complaint will replace, not supplement, all prior complaints. The third amended complaint must contain all of the claims, factual allegations, and exhibits that Plaintiff wishes the Court to consider. Failure to timely file a third amended complaint may result in dismissal of Plaintiff's remaining claims with prejudice. The Clerk of the Court is r espectfully directed to terminate the pending Motion. (Dkt. No. 52.) The Clerk of the Court is also respectfully directed to mail a copy of this Opinion & Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/27/2020) (jca) Transmission to Docket Assistant Clerk for processing.
September 25, 2018 Opinion or Order Filing 33 OPINION AND ORDER: re: 23 MOTION to Dismiss filed by Anthony Annucci. For the foregoing reasons, Defendant's Motion To Dismiss is granted. Because this is the first adjudication of Plaintiff's claims on the merits, the dismissal is with out prejudice. See Terry v. Inc. Vill. Of Patchogue, 826 F.3d 631, 633 (2d Cir. 2016) (explaining that "district judges should, as a general matter, liberally permit pro se litigants to amend their pleadings" unless "amendment would be futile"). Should Plaintiff choose to file an amended complaint, he must do so within 30 days of this Opinion, addressing the deficiencies identified herein. The new amended complaint will replace, not supplement, the complaint currently before the Court. It therefore must contain all of the claims and factual allegations Plaintiff wishes the Court to consider. The Court will not consider factual allegations raised in supplemental declarations, affidavits, or letters. If Plaintiff fails to abide by the 30-day deadline, this action could be dismissed with prejudice. The Clerk of the Court is respectfully requested to terminate the pending motion, (Dkt. No. 23), and to mail a copy of this Opinion to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/25/2018) (ama) Transmission to Docket Assistant Clerk for processing.
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Plaintiff: Jerry Adams
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Defendant: Anthony Annucci
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