Urena v. The Department of Corrections and Community Supervision et al
| Christian Urena |
| The Department of Corrections and Community Supervision, Anthony Annucci, R. Coccuza, Malark, F. Rivers, Dangelico, Tromble, B. Anspach, Wilson, William A. Lee and B. Levine |
| 1:2016cv09708 |
| December 15, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Sullivan |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
47
MEMORANDUM AND OPINION re: 44 MOTION to Dismiss the Complaint as to Defendant Winston. filed by Wilson., Motions terminated: 44 MOTION to Dismiss the Complaint as to Defendant Winston. filed by Wilson. Based on the f oregoing, the Motion to dismiss all claims asserted against Defendant Winston is GRANTED in its entirety. The Court determines Plaintiff failed to file this Section 1983 action within the prescribed three-year statute of limitations period, collater al estoppel precludes re-ligations of the claims previously asse1ied and judiciously resolved, and Plaintiff failed to allege sufficient personal involvement on the part of Defendant Winston. The Clerk of Court is respectfully directed to terminate t he motion at ECF No. 44, to terminate the action, to mail a copy of this Opinion and Order to Plaintiffs address as listed on ECF, and to indicate service upon Plaintiff of the Opinion and Order on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/19/2018) (jca) Transmission to Docket Assistant Clerk for processing. Modified on 10/19/2018 (jca).
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Filing
43
OPINION AND ORDER: re: 33 MOTION to Dismiss Complaint filed by B. Anspach, Dangelico, R. Coccuza, Anthony Annucci, F. Rivers, Malark, William A. Lee, B. Levine, Tromble. In consideration of the foregoing, the Moving Defendants' Motion i s GRANTED. Plaintiff failed to file this Section 1983 action within the prescribed three-year statute of limitations period. Neither the continuing violation doctrine nor equitable tolling could save his claims. Moreover, even if it was timely filed, collateral estoppel precludes this lawsuit. Plaintiff's Complaint is therefore dismissed with prejudice as against the Moving Defendants. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 33 and terminate Defendants Anthony Annucci, Sergeant R. Coccuza, Sergeant Malark, Correctional Officer F. Rivers, Correctional Officer Dangelico, Correctional Officer Tromble, Correctional Officer B. Anspach, Superintendent William A. Lee, and Hearing Officer B. Levine. The C lerk of the Court is further directed to mail a copy of this Opinion and Order to Plaintiff's address as listed on ECF. SO ORDERED., R. Coccuza (In Their Official and Individual Capacity), Dangelico (In Their Official and Individual Capacity ), William A. Lee (of The Green Haven Correctional Facility, In Their Official and Individual Capacity), B. Levine (In Their Official and Individual Capacity), Malark (In Their Official and Individual Capacity), F. Rivers (In Their Official and I ndividual Capacity), Tromble (In Their Official and Individual Capacity), Anthony Annucci (Acting Commissioner, In Their Official and Individual Capacity) and B. Anspach (In Their Official and Individual Capacity) terminated. (Signed by Judge Nelson Stephen Roman on 8/14/2018) (ama) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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