Carrasco v. Griffin et al
| Jose Carrasco |
| T. Griffin, A. Annucci, W. Plimley, M. Ernst, Trinidadcendano, Kasper, Bizub, H. Trinidad and Norton |
| 1:2017cv09643 |
| December 7, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| 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
104
CLERK'S JUDGMENT re: 103 Opinion & Order. in favor of Thomas Griffin against Jose Carrasco. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 20, 2023, the motion f or summary judgment is GRANTED. The case is dismissed with prejudice. 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, 444-45 (1962); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 03/20/2023) (Attachments: # 1 Notice of Right to appeal) (nd)
|
|
Filing
102
ORDER: For substantially the reasons set forth in defendant's letter dated December 20, 2022 (Doc. #100), the Court deems defendant's motion for summary judgment (Doc. #87) fully submitted and unopposed. The Court will decide the motion i n due course. The Court has extended plaintiff's deadline to oppose defendant's motion twice: the first extension was granted sua sponte after plaintiff missed his original deadline, and the second extension granted plaintiff the full six -month extension he requested. (See Docs.## 96, 98). Thus, plaintiff's deadline to oppose the motion was December 6, 2022. To date, plaintiff has failed to respond to defendant's motion or request an extension of his time to do so. In each Order extending plaintiff's deadline, the Court warned plaintiff the Court wasunlikely to grant any further extensions, and that the Court would deem the motion fully submitted and unopposed if plaintiff failed to oppose the motion by the appl icable deadline. 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, 444-45 (1962). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/21/2022) Copies Mailed By Chambers. (mml)
|
|
Filing
98
ORDER: The Court is in receipt of a letter from plaintiff, dated May 31, 2022 (which will be separately docketed), seeking a six-month extension of his deadline to oppose defendant's motion for summary judgment (Doc. #87) due to certain healt h issues that have prevented plaintiff from preparing his opposition. The Court is satisfied that plaintiff has shown good cause for an extension. Accordingly, plaintiff's request is GRANTED. Plaintiff's time to oppose the pending motion is extended to December 6, 2022. This is the second extension granted to plaintiff (see Doc. #96). If plaintiff fails to oppose the motion by December 6, 2022, the Court will deem the motion fully submitted and unopposed. The Court is not likely to grant any further extensions. Finally, plaintiff mailed his May 31 letter directly to Chambers. Going forward, plaintiff must address all future correspondence to the Pro Se Clerk at the following address: Pro Se Clerk, United States District Cour t, 300 Quarropas St., White Plains, NY 10601. The Court will disregard any future submissions sent directly to Chambers. To be clear, the Court will return to plaintiff all future submissions sent directly to Chambers. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Responses due by 12/6/2022.) Copies Mailed By Chambers. (Signed by Judge Vincent L. Briccetti on 6/7/2022) (mml)
|
|
Filing
96
ORDER re: 87 MOTION for Summary Judgment . filed by Thomas Griffin, Set Deadlines/Hearing as to 87 MOTION for Summary Judgment .. To date, plaintiff has not responded to defendant's motion or sought an extension of time to do so. Today, May 16, 2022, defendant filed a letter requesting that the Court deem the motion fully submitted. Defendant's request is DENIED. Plaintiff's time to oppose the pending motion sua sponte is extended to June 6, 2022. If plaintiff fails to oppose the motion by June 6, 2022, the Court will deem the motion fully submitted and unopposed. The Court is not likely to grant any further extensions. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED:( Responses due by 6/6/2022) (Signed by Judge Vincent L. Briccetti on 5/16/22) Copies Mailed By Chambers. (yv)
|
|
Filing
84
ORDER: It is HEREBY ORDERED: 1. Defendant's motion for summary judgment is due February 18, 2022. 2. Plaintiff's opposition to defendant's motion for summary judgment is due April 18, 2022. 3. Defendant's reply in support of his motion for summary judgment is due May 2, 2022. Chambers will mail a copy of this Order, along with a copy of the Motions Guide, to plaintiff to the address on the docket. SO ORDERED. ( Motions due by 2/18/2022., Responses due by 4/18/2022, Replies due by 5/2/2022.) (Signed by Judge Vincent L. Briccetti on 1/10/2022) Copies Mailed By Chambers. (vfr)
|
|
Filing
80
MEMO ENDORSED ORDER denying without prejudice 78 Motion to Appoint Counsel. ENDORSEMENT: In the attached motion dated August 15, 2021, plaintiff, proceeding pro se and in forma pauperis, renews his request for pro bono counsel and requests the C ourt appoint Brian Dratch as his counsel in this case. (Doc. #78). Plaintiff's request for pro bono counsel is DENIED WITHOUT PREJUDICE. The Court has considered the type and complexity of this case, the merits of plaintiff's claims, and plaintiff's ability to present the case. The Court does not find any exceptional circumstances in plaintiff's case that would warrant the appointment of counsel at this time. See 28 U.S.C. § 1915(e)(l); Cooper v. A. Sargenti Co., I nc., 877 F.2d 170, 172 (2d Cir. 1989). Plaintiff may retain Mr. Dratch as his counsel if he wishes. If plaintiff retains counsel, counsel shall promptly file a notice of appearance on the docket. Chambers will mail a copy of this Order to plaintiff at the address on the docket. 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, 444--45 (1962). The Clerk shall terminate the motion. (Doc. #78). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/31/21) Copies Mailed By Chambers. (yv)
|
|
Filing
62
OPINION AND ORDER re: 57 MOTION to Dismiss Second Amended Complaint filed by Thomas Griffin, Anthony Annucci. The motion to dismiss is GRANTED IN PART and DENIED IN PART. The Clerk is instructed to terminate the motion (Doc. #57) and terminate defendant Acting Comm'r Annucci. By September 9, 2020, Supt. Griffin shall file an answer to the SAC. By separate Order, the Court will schedule an initial conference. 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, 444-45 (1962). SO ORDERED. Anthony Annucci terminated. Thomas Griffin answer due 9/9/2020. (Signed by Judge Vincent L. Briccetti on 8/26/2020) Per direction from chambers, a copy has been mailed to plaintiff. (mml)
|
|
Filing
59
ORDER: To date, plaintiff has failed to oppose the motion or seek an extension of time in which to do so. Accordingly, it is HEREBY ORDERED: 1. The Court sua sponte extends plaintiff's time to oppose the motion to February 3, 2020. Defendants� 39; reply, if any, is due February 10, 2020. 2. If plaintiff fails to respond to the motion by February 3, 2020, the motion will be deemed fully submitted and unopposed. The Clerk is directed to mail a copy of this Order to plaintiff at the address o n the docket. 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 purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Responses due by 2/3/2020, Replies due by 2/10/2020.) (Signed by Judge Vincent L. Briccetti on 1/3/2020) (mml) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
48
OPINION AND ORDER re: 42 MOTION. filed by Jose Carrasco, 37 MOTION to Dismiss . filed by M. Ernst, W. Plimley, T. Griffin, H. Trinidad, A. Annucci, Thomas Griffin, Kasper, Norton, Bizub. The motion to dismiss is GRA NTED. However, plaintiff is granted leave to file a second amended complaint as to his Eighth Amendment failure to protect claim only, in accordance with the instructions below. Plaintiff shall file his second amended complaint by no later than Octob er 16, 2019, using the second amended complaint form attached to this Opinion and Order. If plaintiff fails to file a second amended complaint or seek additional time to do so by October 16, 2019, the Court will deem plaintiff to have abandoned this case and will direct the Clerk to enter judgment in defendants' favor and close the case. The Clerk is instructed to terminate the motions. (Docs. ##37, 42). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this o rder 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, 444-45 (1962). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/16/2019) Copies Mailed By Chambers. (kv)
|
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.
