Stewart v. Richardson et al
| Al-Fatah Stewart |
| Richardson, Laconey, Holzapfel, C. Perry, Geneves, Wyman, Maxwell, Vanderkooy, Gail Williams, Imam Encarnation, Sandell, Santana, Sipple and Dewitt |
| 1:2015cv09034 |
| November 17, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Sullivan |
| Vincent L. Briccetti |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
144
OPINION AND ORDER re: 122 MOTION for Summary Judgment filed by Holzapfel, Laconey, C. Perry, Santana, Dewitt, Richardson, Gail Williams, Wyman, Imam Encarnation, Vanderkooy, Maxwell, Sandell, Geneves. The motion for summary judgment is GRANTED. The Clerk is instructed to terminate the motion (Doc. #122) and close this case. 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 theref ore 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 2/19/2019) Copies Mailed By Chambers. (mml) Transmission to Orders and Judgments Clerk for processing.
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Filing
66
OPINION AND ORDER: The motion is DENIED as to (i) all retaliation claims, (ii) the First Amendment claim against Imam Encarnation, (iii) the First Amendment claim against Lt. Maxwell for holding plaintiff's bible; (iv) the claim of denia l of access to the courts for confiscating plaintiff's legal work; and (v) the claim of cruel and unusual punishment against Dewitt. The motion is GRANTED as to (i) the First Amendment claims against Cpt. Sipple, Dr. Woods, and Hendrickson, (i i) the First Amendment claim against Lt. Maxwell for general responsibility for violations, (iii) the equal protection claim against Lt. Maxwell and C.O. Vanderkooy, (iv) the RLUIPA claims, (v) the conspiracy claim, (vi) the claim for denial of access to the courts for not receiving legal envelopes, and (vii) the claims for cruel and unusual punishment. Plaintiff is granted leave to amend only with respect to the following claims: (i) the First Amendment claim against Capt. Sipple, (ii) the First Amendment claim against Lt. Maxwell for general responsibility for violations, (iii) the claim for denial of access to the courts for not receiving legal envelopes, and (iv) the claims for cruel and unusual punishment. Plaintiff's amended complaint shall be filed by no later than January 31, 2017, in accordance with Part VII above. Plaintiff is directed to utilize the amended complaint form attached to this Opinion and Order. 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). The Clerk is instructed to terminate the motion. (Doc. #47). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/27/2016) (lnl)
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