Booker v. Griffin et al
| Amin Doshawn Booker |
| Thomas Griffin, E. Demo, Paul Chappius, Jr., G. Keller, M. Kirkpatrick, John Doe #1, John Doe #2, John Doe #3, Isaacs, Scranton, Sears, Karren Bellamy and Donald Vennettozzi |
| 1:2016cv00072 |
| January 4, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Queens |
| Nelson Stephen Roman |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
304
OPINION & ORDER: re: 289 CROSS MOTION for Summary Judgment filed by Amin Doshawn Booker, 279 FIRST MOTION for Summary Judgment filed by E. Demo, Thomas Griffin, G. Keller, Paul Chappius, Jr., Joseph Bellnier. Defendants' motio n for summary judgment is DENIED in part and GRANTED in part. The Court awards Defendants partial summary judgment on Plaintiffs request for injunctive relief. Defendants' motion for summary judgment is DENIED in all other respects.Plaintiff 9;s motion for partial summary judgment is DENIED in part and GRANTED in part. The Court awards Plaintiff summary judgment on his Fourteenth Amendment due process claim in connection with the Hearing, and on Defendants' affirmative defenses of q ualified immunity and exhaustion. Plaintiff's motion for partial summary judgment is DENIED in all other respects. A telephonic Pretrial Conference is scheduled for March 28, 2024 at 12 pm. To access the teleconference, please follow these direc tions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334 #; (3) Press pound (#) to enter the teleconference as a guest. The Clerk of Court is directed to terminate the motions at ECF Nos. 279 and 289. SO ORDERED., ( Pretrial Conference set for 3/28/2024 at 12:00 PM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 2/23/2024) (ama)
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Filing
274
ORDER granting 273 Letter Motion for Extension of Time to File. Plaintiff's consented-to request is GRANTED. Plaintiff's cross-reply papers shall be served on July 10, 2023, with all motion papers to be filed that day. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 273. (Signed by Judge Nelson Stephen Roman on 5/23/2023) (ate)
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Filing
259
ORDER granting 258 Letter Motion for Extension of Time to File. Plaintiffs request for an extension, with consent from Defendants, is GRANTED. Plaintiffs cross-motion and opposition papers shall be served on Nov. 8, 2022; Defendants' r eply and cross-opposition papers shall be served on Dec. 11, 2022; and Plaintiffs cross-reply shall be served on Jan. 7, 2023. All motion papers shall be filed on Jan. 7, 2023. The Clerk of Court is kindly directed to terminate the motion at ECF No. 258. (Signed by Judge Nelson Stephen Roman on 9/1/2022) (ate)
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Filing
257
ORDER granting 256 Letter Motion for Extension of Time to File. Plaintiff's request for an extension, with Defendants' consent, is GRANTED. The briefing schedule for the cross-motions for summary judgment is modified as follows: (i) Plaintiff's cross-motion and opposition papers shall be served (not filed) on September 9, 2022; (ii) Defendants' reply and cross-opposition papers shall be served (not filed) on October 10, 2022; and (iii) Plaintiff's cross-reply papers shall be served on November 8, 2022. All motion papers shall be filed on November 8, 2022. The Clerk of Court is kindly directed to terminate the motion at ECF No. 256. (Signed by Judge Nelson Stephen Roman on 6/21/2022) (ate)
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Filing
244
ORDER granting 243 Letter Motion to Adjourn Conference. The parties' request to adjourn the Status Teleconference. from Sept. 13, 2021 until Oct. 27, 2021 at 10:00 am is granted. Counsel are directed to follow the dial-in instructions pr ovided in this Court's Order, dated May 24, 2021 (ECF No. 232). Clerk of Court requested to terminate the motion (doc. 243). So Ordered. Telephone Conference set for 10/27/2021 at 10:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 9/5/2021) (js)
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Filing
240
ORDER granting 239 Letter Motion to Adjourn Conference. Due to an extension of the discovery cutoff date, the parties' request to adjourn the telephonic Status Conf. from July 22, 2021 until Sept. 13, 2021 at 10:00 am is granted. Counsel a re directed to follow the dial-in instructions provided in this Court's Order, dated May 24, 2021 (ECF No. 232). Clerk of Court requested to terminate the motion (ECF No. 239). SO ORDERED., Telephone Conference set for 9/13/2021 at 10:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 7/20/2021) (rj)
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Filing
236
ORDER TO TAKE THE DEPOSITION OF AN INCARCERATED INMATE: It is ordered that counsel from the State of New York, Office of the Attorney General, may take the deposition, by video, of incarcerated plaintiff inmate Amin Booker (DFN #98A6245), at Midst ate Correctional Facility or any other facility maintained by the New York State Department of Corrections and Community Supervision where Amin Booker is housed, on or before July 6, 2021. (Signed by Magistrate Judge Paul E. Davison on 6/15/2021) (kv)
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Filing
232
ORDER granting 231 Letter Motion to Adjourn Conference. The parties' request to adjourn the Status teleconf. from May 25, 2021 until July 22, 2021 at 10:00 am is granted. To access the AT&T teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334 #; (3) Press pound (#) to enter the teleconference as a guest. Clerk of Court requested to terminate the motion (doc. 231). SO ORDERED., Telephone Conference set for 7/22/2021 at 10:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 5/24/2021) (rj)
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Filing
227
ORDER granting 226 Letter Motion to Adjourn Conference. The parties' request to adjourn the Status Conf. via AT&T teleconference from March 19, 2021 until May 25, 2021 at 10:00 am is granted. Clerk of Court requested to terminate the moti on (doc. 226). To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334 #; (3) Press pound (#) to enter the teleconference as a guest. SO ORDERED. Telephone Conference set for 5/25/2021 at 10:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 3/15/2021) (rj)
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Filing
205
DECISION AND ORDER: For the foregoing reasons, plaintiff's application for leave to file a Third Amended Complaint is: (I) GRANTED IN PART to the extent plaintiff may (a) join Joseph Bellnier as adefendant and (b) add the proposed Eighth Ame ndment claim; and (2) DENIED IN PART to the extent that plaintiff (a) must strike the First Amendment retaliation claims against defendants Chappius and Keller from the proposed Third Amended Complaint and (b) may NOT join Anthony J. Annucci, James O'Gorman and John Does as defendants. Plaintiff shall file a Third Amended Complaint, consistent with the above findings, within seven days of the date of this Decision and Order. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 11/6/2020) (ks)
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Filing
186
STIPULATION OF CONFIDENTIALITY & PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 4/7/2020) (ks)
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Filing
184
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in from a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 4/1/2020) (ks)
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Filing
171
ORDER: The Court having referred this case for possible appointment of pro bono discovery counsel, the conference scheduled for December 10, 2019 is ADJOURNED until January 14, 2020, at 10:00 a.m. The Court will defer consideration of plaintiff� 39;s outstanding requests and all discovery-related matters pending a determination as to whether pro bono counsel is available. ( Telephone Conference set for 1/14/2020 at 10:00 AM before Magistrate Judge Paul E. Davison.) (Signed by Magistrate Judge Paul E. Davison on 12/5/2019) Copies Mailed By Chambers. (va)
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Filing
149
OPINION AND ORDER: For the foregoing reasons, Plaintiffs motion for reconsideration is GRANTED in part and DENIED in part. Plaintiffs official capacity claims for injunctive relief against Defendants Chappius and Keller are reinstated. The Clerk of the Court is respectfully directed to mail a copy of this Opinion to pro se Plaintiff and file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 7/30/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
135
OPINION AND ORDER: re: 128 MOTION filed by Amin Doshawn Booker. For the foregoing reasons, Plaintiff's motion for reconsideration is DENIED. The Clerkof the Court is respectfully directed to terminate the motion at ECF No. 128 and to mail a copy of this Opinion to pro se Plaintiff and file proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/11/2019) (ama) Transmission to Docket Assistant Clerk for processing. Modified on 2/11/2019 (ama).
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Filing
126
ORDER re: 107 MOTION for Preliminary Injunction. filed by Amin Doshawn Booker. For the foregoing reasons, Plaintiff's motion for a preliminary injunction is DENIED. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 107 and to mail a copy of this Opinion to pro se Plaintiff and file proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/21/2018) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
81
ORDER: The Court grants Plaintiff an extension of time until May 31, 2018 to file an amended complaint in accordance with the Court's previous Opinion. If Plaintiff elects to file an amended complaint, Defendants shall have until 21 days from the date of Plaintiff's filing to move or file responsive pleadings. Amended Pleadings due by 5/31/2018. (Signed by Judge Nelson Stephen Roman on 4/30/2018) Copies Mailed By Chambers. (kgo)
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Filing
80
OPINION & ORDER re: 46 MOTION to Dismiss . filed by Karren Bellamy, Scranton, G. Keller, Donald Vennettozzi, Paul Chappius, Jr., E. Demo, Thomas Griffin, M. Kirkpatrick, Sears, Isaacs., For the foregoing reasons, Defendan ts' motion to dismiss is GRANTED in part and DENIED in part. Plaintiff's cross-motion for summary judgment is DENIED. Plaintiff shall have until April 30, 2018 to amend his complaint in accordance with this Court's decision. If Plai ntiff elects to file an amended complaint, Defendant shall have until 21 days from the date of Plaintiff's filing to move or file responsive pleadings. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 46 and r emove Defendant Scranton from this action. The Clerk of the Court is further directed to mail a copy of this Opinion to pro se Plaintiff and file proof of service on the docket. SO ORDERED. Scranton (Elmira) terminated. (Signed by Judge Nelson Stephen Roman on 3/31/2018) (rj)
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