Marhone v. Cassel et al
| Conrad Marhone |
| J. Cassel, Wright, Laporto, Keysor and Farah |
| 1:2016cv04733 |
| June 21, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Chemung |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
165
CLERK'S JUDGMENT re: 164 Memorandum & Opinion in favor of Joseph Smith against Conrad Marhone. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated September 26, 2022, Plaintif f's Motion for Default Judgment is DENIED. Defendant Joseph Smith's Motion for Summary Judgment is GRANTED in its entirety, and all claims in this action are DISMISSED against ALL Defendants. Judgment is entered in favor of Defendant Smith. (Signed by Clerk of Court Ruby Krajick on 9/27/2022) (Attachments: # 1 Right to Appeal) (km)
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Filing
164
OPINION & ORDER re: 155 MOTION for Summary Judgment (Notice of Defendant Smith's Motion for Summary Judgment). filed by Joseph Smith, 143 MOTION for Default Judgment as to. filed by Conrad Marhone, 142 MOTION for Def ault Judgment as to. filed by Conrad Marhone. For the aforementioned reasons, Plaintiff's Motion for Default Judgment is DENIED. Defendant Joseph Smith's Motion for Summary Judgment is GRANTED in its entirety, and all claims in this a ction are DISMISSED against ALL Defendants. The Clerk of Court is respectfully directed to terminate the motion at ECF Nos. 142, 143, and 155, to terminate the case and all Defendants, and to enter judgment in favor of Defendant Smith. The Cler k of the Court is respectfully directed to mail a copy of this Opinion and Order to Plaintiff at his address listed on ECF and show mailing on the docket. (Signed by Judge Nelson Stephen Roman on 9/26/2022) (ate) Transmission to Orders and Judgments Clerk for processing.
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Filing
139
ORDER denying 132 Letter Motion to Compel. For the foregoing reasons, Plaintiff's Motion to Compel (ECF No. 132) is DENIED, and the Clerk of the Court is directed to terminate the motion. The Clerk of the Court is also directed to mail a copy of this Order to pro se Plaintiff. (Signed by Magistrate Judge Andrew E. Krause on 2/11/2021) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing
138
OPINION & ORDER. Plaintiff's motion for reconsideration of the Court's Opinion is DENIED. The Clerk of the Court is respectfully directed to mail a copy of this Opinion and Order to Plaintiff at his address listed on ECF and show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/14/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing
136
ORDER denying 133 Application for the Court to Request Counsel. Pro Se Plaintiff Conrad Marhone filed this action bringing claims under 42 U.S.C. § 1983 for violations of his rights under the First, Eighth, and Fourteenth Amendments. Follow ing the Court's decision on Defendants' motion to dismiss the amended complaint, only one claim remains in the case-an Eighth Amendment claim against Defendant Superintendent Joseph Smith based on the light and noise conditions in the Speci al Housing Unit (SHU) at Shawangunk Correctional Facility. See ECF No. 48. Plaintiff has filed a motion for reconsideration of the decision on the motion to dismiss, ECF. No. 117, which is opposed by Defendants, ECF No. 125. Currently before the Cour t is Plaintiffs second motion for appointment of counsel. ECF No. 133. The prior motion was denied, ECF No. 11, and Petitioner has presented no change in circumstances that would warrant granting his motion at this time. With respect to the merits of the case, only one claim remains, and it is as yet unknown whether the motion for reconsideration will be granted and any of Plaintiffs claims reinstated. Moreover, Plaintiff has failed to demonstrate an inability to litigate this case without an a ttorney's assistance. Therefore, I deny Plaintiffs second motion for appointment of counsel, ECF No. 133, without prejudice to renew if subsequent submissions or proceedings demonstrate that such appointment is warranted. (Signed by Magistrate Judge Andrew E. Krause on 11/4/2020) Copies Mailed By Chambers. (nb)
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Filing
130
ORDER granting 129 Letter Motion to Adjourn Conference. Defendant's request to adjourn the Status Conf. from Oct. 2, 2020 until Jan. 6, 2021 at 10:00 am is granted on consent of Plaintiff. Defendant directed to mail a copy of this endorsem ent to prose Plaintiff at the address on ECF and file proof of service. Clerk of Court requested to terminate the motion (doc. 129). Status Conference set for 1/6/2021 at 10:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 9/30/2020) (rj)
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Filing
116
ORDER granting 115 Letter Motion to Adjourn Conference. Defendant's request is granted. The Status Conf. scheduled for July 17, 2020 is adjourned until Oct. 2, 2020 at 11:30 am. Defendant directed to mail a copy of this endorsement to pro se Plaintiff and file proof of service on the docket. Clerk of the Court requested to terminate the motion ( doc. 115). Status Conference set for 10/2/2020 at 11:30 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 7/13/2020) (rj)
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Filing
112
RE-SCHEDULING NOTICE: The matter of Marhone v. Cassel, et al., 16-cv-4733 (NSR) (LMS), has been rescheduled from a telephonic status conference on Thursday, June 25, 2020, at 10:30 AM before the Hon. Lisa Margaret Smith, United States Magistrate Ju dge, to a telephonic status conference on Friday, June 26, 2020, at 2:15 PM. All persons participating in this status conference may do so by accessing the AT&T Teleconference Information previously published to the docket sheet. Chambers sent a c opy of this notice to Pro Se Plaintiff at address of record via mail. Re: Incarcerated Prisoners It is the responsibility of counsel for respondent/defendant to make prior arrangements with the appropriate correctional facility to have the petition er/plaintiff available via telephone. If the petitioner/plaintiff is no longer incarcerated, respondent/defendant shall forward a copy of this notice to his/her last known address. SO ORDERED. (Telephone Conference set for 6/26/2020 at 02:15 PM before Magistrate Judge Lisa Margaret Smith.) (Signed by Magistrate Judge Lisa Margaret Smith on 5/29/2020) (jca)
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Filing
94
ORDER granting 93 Motion to Adjourn Conference. The Status Conf. is adjourned from March 6, 2020 until April 17, 2020 at 12:00 pm. Deft's counsel shall appear in person and make arrangements for Pltf. to appear via telephone. Clerk of th e Court directed to mail a copy of this endorsement to pro se Pltf., show proof of service on the docket and terminate the motion (doc. 93). SO ORDERED. Status Conference set for 4/17/2020 at 12:00 PM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 3/3/2020) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
48
OPINION & ORDER re: 38 MOTION to Dismiss the Amended Complaint. filed by Keysor, Joseph Smith, Wright, Albert Prack, Michael Capra, David Rock, J. Cassel, Ron Farah. For the reasons stated above, Defendants' motion to d ismiss the Amended Complaint is GRANTED in part, DENIED in part. All claims against Defendants Cassel, Wright, Laporto, Keysor, Capra, Farah, Frack, and Rock are dismissed. Plaintiff's Eighth Amendment claimagainst Defendant Smith for the light and noise conditions at Shawangunk remain, and all otherclaims against Defendant Smith are dismissed. The Clerk of Court is respectfully directed to terminate the motion (ECF No. 38) and to terminate Defendants Cassel, Wright, Laporto, Keysor, Ca pra, Farah, Frack, and Rock from this action. Remaining Defendant Smith is directed to file an answer to the Amended Complaint on or before September 28, 2018. The parties are directed to confer, complete, and submit to the Court the attached case management plan on or before October 19, 2018. The Clerk of Court is also directed to mail a copy of this Opinion and Order to Plaintiff at his address listed on ECF and show proof of service on the docket. This constitutes the Court's Opinion and Order. (Signed by Judge Nelson Stephen Roman on u/31/2018) (cf) Transmission to Docket Assistant Clerk for processing.
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