Edwards v. Annucci et al
| William L. Edwards |
| Anthony J. Annucci, State of New York Department of Corrections and Community Supervision, Karen Bellamy, Ada Perez, Henry M. Daniels, K. Coffey, P. Turso, John Doe, Smith, S. Garcia, Jackson, Nguyen and A. Argibay |
| 1:2017cv05018 |
| June 30, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
188
MEMO ENDORSEMENT denying as moot 185 Motion for Extension of Time to File. ENDORSEMENT: Application denied as moot. Plaintiff filed a Notice of Appeal on June 25, 2021 (Doc. 186) and the Mandate dismissing the appeal was issued by the Second Circ uit on November 4, 2021 (Doc. 187). The Clerk of the Court is respectfully directed to terminate the motion sequences pending at Doc. 185 and mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/6/2021) (jca) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
171
ORDER: Based upon the foregoing and viewing the record in its entirety, the Court finds that dismissal of this action under Federal Rule of Civil Procedure 41(b) is appropriate. Accordingly, this action is DISMISSED without prejudice. The Clerk o f the Court is respectfully directed to mail a copy of this Order to Plaintiff at the address listed on the docket and terminate this action. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/30/2021) (ks) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
169
MEMORANDUM OPINION AND ORDER: Accordingly, it is hereby ordered that Plaintiff show cause in writing on or before March 26, 2021, why this action should not be dismissed without prejudice for want of prosecution pursuant to Rule 41(b). Failure to respond to this Order will result in dismissal of this case without prejudice for want of prosecution. The Clerk of the 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 Philip M. Halpern on 2/25/2021) (ks) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
166
ORDER: As there has been no activity on this docket since July 3, 2020, the parties are directed to submit a joint letter to the Court via ECF concerning the status of this action by October 23, 2020. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff. (Signed by Judge Philip M. Halpern on 10/14/2020) (nb) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
164
MEMORANDUM OPINION AND ORDER: Therefore, the Court finds that the DOC Directives are irrelevant to Plaintiff's claims, and, therefore, Defendants need not produce the DOC Directives. See Fed. R. Civ. P. 26(b)(1).Accordingly, for the reasons set forth herein, the Court denies Plaintiff's request that he be provided with the DOC Directives at issue. SO ORDERED. (Signed by Judge Philip M. Halpern on 6/9/2020) (ks)
|
|
Filing
162
ORDER: Accordingly, it is HEREBY ORDERED: For the reasons set forth at today's conference, plaintiff's outstanding discovery requests (see Doc. 148) are DENIED, except as follows as further set forth in this Order. Further, to the exten t Plaintiff is able to obtain the documents in requests 11, 12 and 14, Plaintiff shall provide copies to Defense counsel. The next conference will be scheduled once the Court receives and reviews the requested documents from Defense counsel. Copies mailed by Chambers to the pro se Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 4/30/2020) Copies Mailed By Chambers. (ks)
|
|
Filing
156
ORDER: Consistent with the Court's recent standing orders restricting access to the courthouse, effective immediately, all conferences in all civil cases assigned to Judge Halpern shall be conducted by telephone conference call. Unless otherwis e ordered by the Court, counsel and unrepresented parties shall not attend court in person. It will be the responsibility of counsel to arrange a conference call. At the time of the scheduled conference, once all counsel (and unrepresented parties) a re on the line, they shall call Chambers at the following number: (914) 390-4160. This Order is subject to revocation at any time. In that event, the Court will notify counsel (and unrepresented parties) sufficiently in advance of the scheduled conference to allow participants to attend Court in person. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/18/2020) (ks)
|
|
Filing
155
ORDER: For the reasons set fmih on the record at today's conference, plaintiff's outstanding discovery requests (see Doc. #148) are DENIED, except as follows: 1. DENIED, but defense counsel will provide plaintiff an additional copy of gri evance DSR-13032-14. 3-4, 6-9. RULING DEFERRED. Defense counsel shall provide the Court with copies of the directives/polices referenced in requests 3, 4, 6, 7, 8, and 9, after which the Court will determine whether defense counsel must provide the se documents to plaintiff. 5. DENIED WITHOUT PREJUDICE. Plaintiff may refile his request for "Chapter #5," but must provide a more detailed description of the requested discovery. 11. GRANTED. Defense counsel shall provide plaintiff the Dow nstate Correctional Facility Complex No. 3 B-Block log book for the 7:00 a.m.-3:00 p.m. shift on June 26, 2014, with any necessary redactions. 12. GRANTED. Defense counsel shall provide plaintiff the Downstate Correctional Facility Complex No. 2 law library sign-in and sign-out sheets from June 21, 2014, to June 26, 2014, with any necessary redactions. 14. GRANTED. Defense counsel shall provide plaintiff either the Downstate Correctional Facility Complex No. 2 law library log book from June 21, 2014, to June 26, 2014, with any necessary redactions, or a certification that such documents do not exist. 27. GRANTED. Defense counsel shall provide plaintiff any correspondence between plaintiff and Acting Commissioner Anthony Annucci regarding the June 26, 2014, incident. 28. GRANTED. Defense counsel shall provide plaintiff any correspondence between plaintiff and Sing Sing Correctional Facility's Office of Mental Health Unit Chief, exchanged in August or September 2014. 29. DENIED WI THOUT PREJUDICE. Plaintiff may refile his request for Superintendent Ada Perez's "written request," but must provide a more detailed description of the requested discovery. 32. GRANTED. Defense counsel shall provide plaintiff a copy of his September 27, 2019, deposition transcript and errata sheet. 33. RULING DEFERRED. Defense counsel shall respond to plaintiffs request for "the full and complete (OSI) investigative file" regarding the June 26, 2014, incident. (See Doc. #148 at 1). By March 25, 2020, plaintiff and defense counsel shall comply with every aspect of this Order. The next case management conference is scheduled for April 20, 2020, at 2:30 p.m. Plaintiff and defense counsel shall appear in person for th e April 20, 2020, conference. The clerk is instructed to mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Case Management Conference set for 4/20/2020 at 02:30 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 2/24/2020) (mml) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
152
MEMO ENDORSED ORDER terminating 151 Letter Motion to Compel. ENDORSEMENT: In the attached letter-motion dated January 17, 2020, defense counsel requests the Court compel plaintiff, who is proceeding pro se and in forma pauperis, to complete and r eturn a HIPAA authorization form. (Doc. # 151). On October 17, 2019, defense counsel mailed the authorization form to plaintiff. According to defense counsel, plaintiff has not returned the completed form. Defense counsel contends records of plaintif fs medical treatment while in DOCCS custody are needed to assess plaintiff's claims for emotional distress and psychological illness. Defense counsel further states that during his deposition, plaintiff testified to his psychological condition and medications he takes as a result of an alleged use of excessive force incident, which is the subject of the instant case. The Court defers ruling on defense counsel's letter motion. Rather, if plaintiff appears for the case management confer ence scheduled for February 6, 2020, at 9:30 a.m., the Court will address the motion at that time. However, it appears the Court's December 27, 2019, Order (Doc. #149), which was mailed to plaintiff, was returned as undeliverable. The December 2 7 Order instructed plaintiff to update the Court in writing as to his current address, and warned plaintiff, in bold and underlined font, that failure to do so may result in dismissal of this case. (Id.). In view of plaintiff's pro se status, t he Court sua sponte extends to February 4, 2020, plaintiff's time to notify the Court in writing as to his current address. If plaintiff fails to update his address by February 4, 2020, and appear for the February 6, 2020, case management confe rence, the Court will dismiss the case for failure to prosecute or comply with court orders. Fed. R. Civ. P. 41(b). The Clerk is directed to mail copies of the Court's December 27 Order (Doc. #149) and this Order to plaintiff at the following ad dress provided by plaintiff during the December 6, 2019, case management conference: William L. Edwards, 881 East 162nd Street, Apartment 1E, Bronx, NY 10459. 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 1/21/2020) (mml) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
149
ORDER Accordingly, by January 17, 2020, plaintiff must update the Court in writing as to his current address. Failure to comply with the Court's Order may result in dismissal of the action for failure to prosecute or comply with Court orde rs. Fed. R. Civ. P. 41(b). The Clerk is directed to mail copies of the Court's December 6 Order (Doc. #147) and this Order to plaintiff at the following address provided by plaintiff during the December 6 conference: William L. Edwards, 881 Ea st 162nd Street, Apartment 1E, Bronx, NY 10459. The Court certifies under 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. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Vincent L. Briccetti on 12/27/2019) (rro) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
147
ORDER: The Court conducted a case management conference today, at which plaintiff, who is proceeding pro se, appeared by telephone, and counsel for defendants appeared in person. Accordingly, it is HEREBY ORDERED: 1. By January 6, 2020, plaintiff sh all notify the Court in writing of any outstanding discovery requests and any additional discovery plaintiff seeks from defendants. 2. Defendants' response, if any, is due January 20, 2020. 3. The Court will hold a further case management confe rence on February 6, 2020, at 9:30 a.m. 4. Plaintiff shall appear in person at the February 6 conference if, at that time, he is no longer incarcerated. Plaintiff is reminded of his responsibility to update the Court in writing if his address changes . The Court may dismiss the case for failure to prosecute or comply with court orders if he fails to do so. The Clerk is directed to mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Case Management Conference set for 2/6/2020 at 09:30 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 12/6/2019) (mml) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
83
OPINION AND ORDER: The motion to dismiss is GRANTED IN PART and DENIED IN PART. The following claims shall proceed: 1. Plaintiff's excessive force claim against C.O. Argibay. 2. Plaintiff's failure to intervene claims against Sgt. Turso, C. O. Garcia, C.O. Smith, and C.O. Jackson. 3. Plaintiff's conspiracy claims against Lt. Daniels, Lt. Coffey, Sgt. Turso, C.O. Argibay, C.O. Smith, C.O. Garcia, C.O. Jackson, and Correctional Nurse Nguyen. 4. Plaintiff's state law intention al infliction of emotional distress claims against Lt. Daniels, Lt. Coffey, Sgt. Turso, C.O. Argibay, C.O. Smith, C.O. Garcia, C.O. Jackson, and Correctional Nurse Nguyen. All other claims are dismissed. The Clerk is instructed to (i) terminate th e motion (Doc. #67), and (ii) terminate defendants Anthony J. Annucci, Karen Bellamy, and Ada Perez. By April 2, 2019, the remaining defendants shall file an answer to the surviving claims in the amended complaint. 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, 44445 (1962). So Ordered. Copies Mailed By Chambers. *** Party Ada Perez, Anthony J. Annucci and Karen Bellamy terminated. (Signed by Judge Vincent L. Briccetti on 3/19/2019) (js) Modified on 3/20/2019 (js).
|
Use the links below to access additional information about this case on the US 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.
