James v. Osborne
| James Armand |
| Jennifer Osborne, R. Simonson, Mosko and Wiliams |
| 7:2012cv07709 |
| October 19, 2012 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Cayuga |
| Kenneth M. Karas |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| 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
120
OPINION & ORDER re: 102 MOTION for Summary Judgment (Defendants' Notice of Motion for Summary Judgment). filed by Vincent C. Sullivan, Lt. Fredericks, Investigator Manywither, C. Petterson, RN, R. Simonson, T. Thomas, Josep h Piersma., (Investigator Manywither terminated.) The Court grants Defendants' Motion for Summary Judgment with respect to Peterson and at this time denies it with respect to the PLRA issue. Because the "Seventh Amendment does not guar antee a jury trial on factual disputes regarding administrative exhaustion under the PLRA," Messa v. Goord, 652 F.3d 305, 310 (2d Cir. 2011) (per curiam), and because courts in th[e] [Second] Circuit have held pre-trial evidentiary hearings on exhaustion when the question cannot be resolved based on the parties' submissions," Gomez v. Chill, No. 11-CV-6844, 2015 WL 1853110, at *6 n.3 (S.D.N.Y. Apr. 17, 2015) (collecting cases), adopted by 2015 WL 3862709 (S.D.N.Y. June 9, 2015 ), the Court will hold an evidentiary hearing concerning whether Plaintiff's claim may proceed notwithstanding her apparent failure to exhaust his administrative remedies under the PLRA on April 27, 2016, at 3:00pm. The Clerk of the Court is respectfully requested to terminate the pending Motion, (Dkt. No. 102), and remove Manywether- whose name appears on the docket as "Investigator Manywither" - from the docket pursuant to the Court's memo-endorsements, (see Dkt. Nos. 73, 88). SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/30/16) (yv)
|
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.
