John Smith v. The United States Department of Justice et al
| John Smith |
| United States Government, M. Yonnone, Daniel Tarallo and Diane Sommer |
| 1:2018cv03371 |
| April 16, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Nelson Stephen Roman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
89
CLERK'S JUDGMENT re: 88 Memorandum & Opinion in favor of United States Government against John Smith. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 10, 2023, Defend ant's motion for summary judgment is granted. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Opinion and Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. (Signed by Clerk of Court Ruby Krajick on 8/11/2023) (Attachments: # 1 Appeal Package) (tp)
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Filing
88
OPINION AND ORDER re: 71 MOTION for Summary Judgment filed by United States Government. For the foregoing reasons, Defendant's motion for summary judgment is granted. The Court certifies under 28 U.S.C. § 1915(a)(3) tha t any appeal from this Opinion and Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. The Clerk of the Court is respectfully requested to terminate the pending motion (Docket No. 71), to enter judgment for Defendant, and to mail a copy of this Opinion and Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 8/10/2023) (vfr) Transmission to Orders and Judgments Clerk for processing.
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Filing
85
ORDER: Accordingly, Defendant is hereby ORDERED to file Exhibits 1 and 2 to the Cowart Declaration under seal by August 8, 2023. Additionally, Defendant is ORDERED to file an Affidavit of Service confirming that Plaintiff was served with all of Defendant's motion papers, including Cowart Declaration Exhibits 1 and 2, by August 8, 2023. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 8/4/2023) (vfr)
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Filing
68
ORDER denying 65 Application for the Court to Request Counsel. Accordingly, Plaintiff's application is denied with leave to renew should circumstances change. The Clerk of the Court is respectfully requested to terminate the pending application (Docket No. 65), and mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 4/28/2022) (vfr)
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Filing
66
MEMO ENDORSED ORDER with respect to 65 Application for the Court to Request Counsel. ENDORSEMENT: Respondent is directed to respond to this application by April 15, 2022. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 4/8/2022) (vfr)
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Filing
50
MEMORANDUM OPINION AND ORDER re: 42 MOTION for Summary Judgment . filed by Daniel Tarallo, Diane Sommer, United States Government, M. Yonnone. Based upon the foregoing, Defendant's motion for summary judgment and to dismiss the Complaint is GRANTED. The action is dismissed as against the Individual Defendants. The Clerk of the Court is respectfully directed to terminate the pending motion sequence (Doc. 42) and terminate Defendants EMT-P Mr. M. Yonnone (BOP Employee ), PA-C Daniel Tarallo (BOP) Employee, and Dr. Diane Sommer (BOP Employee) from this action. The United States shall serve and file its Answer to the Complaint on or before July 9, 2021 in accordance with the Sealed Order dated October 31, 2018. ( Doc. 19). 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, 36 9 U.S. 438, 444-45 (1962). The United States Attorney's Office is directed to serve a copy of this Memorandum Opinion and Order upon Plaintiff and file proof of such service., M. Yonnone (EMT-P (BOP) Employee), Diane Sommer ((BOP Employee)) and Daniel Tarallo ((BOP) Employee) terminated. (Signed by Judge Philip M. Halpern on 6/17/2021) (nb)
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Filing
29
ORDER. The Court is in receipt of the status letter dated April 27, 2020 filed by Defendants under seal which also requests leave to submit another status update letter. (Doc. 28). Defendants' request is granted. The status letter is due June 1, 2020. In the future, filings must comply with the rules of this Court and my Individual Practices. The parties are reminded that Judge McMahon's Order denied the motion to seal. (Doc. 7). The U.S. Attorney's Office, SDNY, is instructed to deliver a copy of this Order to the plaintiff and file proof of service thereof. SO-ORDERED. (Signed by Judge Philip M. Halpern on 4/28/20) (yv)
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