Robles v. New York State Department of Prisons et al
| Nicholas Robles |
| New York State Department of Prisons, Commissioner Brian Fischer, Warden S. Khuhaifa, Prison Doctor Douglas, Prison Doctor Lewis, Prison Guard Austin, Prison Guard Wilson and Fitt |
| 1:2009cv00718 |
| August 17, 2009 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Orleans |
| Hugh B Scott |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on February 28, 2019. A more recent docket listing may be available from PACER.
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| Partial Prisoner Filing fee: $218.11, receipt number 63402 (SG) |
| Appeal Record Returned: #49 Video Tape (SG) |
| Appeal Record Returned: document 48-sealed; document 49-video tape still with CCA. (SG) |
| Filing 67 MANDATE of USCA as to #61 Notice of Appeal filed by Nicholas Robles; ORDERED that the motion to proceed in forma pauperis is DENIED and the appeal is DISMISSED (SG) |
| Filing 66 FIRST SUPPLEMENTAL CLERKS CERTIFICATE filed and electronically sent to Court of Appeals; Document no. 49 sent via Federal Express (SG) |
| Filing 65 CLERKS CERTIFICATE filed and electronically sent to Court of Appeals; Sealed Document No. 48 sent to Court of Appeals via Federal Express (SG) |
| Copy of 64 Text Order emailed to U.S. Court of Appeals. (DR) |
Filing 64
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER denying #63 Motion for Leave to Proceed in forma pauperisDenying motion without prejudice for plaintiff to raise before the United States Court of Appeals for the Second Circuit (see Docket No. 59). So Ordered. Signed by Hon. Hugh B. Scott on 8/22/2012. (DRH)
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| Filing 63 MOTION for Leave to Proceed on appeal in forma pauperis by Nicholas Robles.(SG) |
| Filing 62 CLERKS CERTIFICATE filed and electronically sent to Court of Appeals (DR) |
| Filing 60 JUDGMENT in favor of Austin, Douglas, Fitt, Lewis, Wilson, S. Khuhaifa against Nicholas Robles. That Defendants' Motion for Summary Judgment is granted. That Plaintiff's Motion to stay consideration is denied and his Motion for leave to amend the complaint is denied. Any appeal would not be taken in good faith and appeal as a poor person should be directed to the United States Court of Appeals Signed by Michael J. Roemer, Clerk of Court, on 7/9/12. (DR) |
| Filing 61 NOTICE OF APPEAL as to #59 Order on Motion for Summary Judgment, by Nicholas Robles. Fee Status: Fee Due - IFP on appeal denied. (DR) |
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Filing 59
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER granting #37 Motion for Summary JudgmentDefendants' Motion (Docket No. 37) is granted; plaintiff's Motion to stay consideration is denied and his attempted Motion for leave to amend the Complaint to allege an April 2012 incident is denied. This case is certified that any appeal would not be taken in good faith and appeal as a poor person should be directed to the United States Court of Appeals. The Court Clerk is instructed to close this case.So Ordered. Signed by Hon. Hugh B. Scott on 6/25/2012. (DRH)
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| Filing 58 DECLARATION signed by Kim Murphy re #57 Response to Motion, #55 Affidavit filed by Fitt, S. Khuhaifa, Wilson, Austin, Douglas, Lewis filed by Fitt, S. Khuhaifa, Wilson, Austin, Douglas, Lewis. (Murphy, Kim) |
| Remark pltf address updated from Groveland CF to Orleans CF (SSK) |
| Filing 57 RESPONSE to Motion re #37 MOTION for Summary Judgment filed by Nicholas Robles. (SG) |
| Filing 56 Remark--Court Clerk please update plaintiff's address from Groveland CF to Orleans CF. From correspondence from plaintiff to Chambers. (DRH) |
| Filing 55 AFFIDAVIT OF TRUTH AMMENDMENT by Nicholas Robles in opposition re #37 MOTION for Summary Judgment. (DZ) |
| Filing 54 Letter from plaintiff, dated 4/11/12, to Magistrate Judge Scott (SG) |
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Filing 53
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER re #47 Order, Set/Reset Motion and R&R Deadlines/Hearings, #37 MOTION for Summary Judgment filed by Austin, Lewis, Fitt, Douglas, Wilson, S. Khuhaifa, #50 MOTION to Stay MOTION to Appoint Counsel filed by Nicholas RoblesPlaintiff's Motion for appointment of counsel is denied, his Motion to stay the defense motion is denied in part. Responses to defense Motion for Summary Judgment (Docket No. 37) no due by 5/14/2012, Replies due by 5/25/2012.Motions terminated: #50 MOTION to Stay MOTION to Appoint Counsel filed by Nicholas Robles.So Ordered. Signed by Hon. Hugh B. Scott on 3/30/2012. (DRH)
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| Filing 52 AFFIDAVIT in Support re #50 MOTION to Stay MOTION to Appoint Counsel filed by Nicholas Robles. (SG) |
| Filing 51 MEMORANDUM in Support re #50 MOTION to Stay MOTION to Appoint Counsel filed by Nicholas Robles. (SG) |
| Filing 50 MOTION to Stay Summary Judgment, MOTION to Appoint Counsel by Nicholas Robles.(SG) |
| Filing 48 Sealed Document. (maintained in paper form in the Clerk's Office file due to size of document. (DZ) |
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Filing 47
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER re #37 MOTION for Summary Judgment filed by Austin, Lewis, Fitt, Douglas, Wilson, S. Khuhaifa Responses due by 4/3/2012, Replies due by 4/16/2012, motion deemed submitted (without oral argument) on 4/16/2012.Defendants applied to file under seal the affidavit of Dr. Winston Douglas and its exhibit, plaintiff's medical records. That request is granted.So Ordered. Signed by Hon. Hugh B. Scott on 2/27/2012. (DRH)
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| Filing 46 CERTIFICATE OF SERVICE by Austin, Douglas, Fitt, S. Khuhaifa, Lewis, Wilson re #40 Declaration, #39 Statement of Facts, #37 MOTION for Summary Judgment, #41 Declaration, #43 Declaration, #44 Declaration, #45 Declaration, #38 Memorandum in Support and Douglas Declaration to be filed under seal (Murphy, Kim) |
| Filing 45 DECLARATION signed by Kim S. Murphy re #37 MOTION for Summary Judgment filed by Austin, Douglas, Fitt, S. Khuhaifa, Lewis, Wilson. (Murphy, Kim) |
| Filing 44 DECLARATION re #37 MOTION for Summary Judgment filed by Wilson. (Murphy, Kim) |
| Filing 43 DECLARATION re #37 MOTION for Summary Judgment filed by Lewis. (Murphy, Kim) |
| Filing 42 DECLARATION re #37 MOTION for Summary Judgment filed by S. Khuhaifa. (Murphy, Kim) |
| Filing 41 DECLARATION re #37 MOTION for Summary Judgment filed by Fitt. (Murphy, Kim) |
| Filing 40 DECLARATION re #37 MOTION for Summary Judgment filed by Austin. (Murphy, Kim) |
| Filing 39 STATEMENT OF FACTS by Austin, Douglas, Fitt, S. Khuhaifa, Wilson Related document: #37 Motion for Summary Judgment. (Murphy, Kim) |
| Filing 38 MEMORANDUM IN SUPPORT re #37 MOTION for Summary Judgment byAustin, Douglas, Fitt, S. Khuhaifa, Lewis, Wilson. (Murphy, Kim) |
| Filing 37 MOTION for Summary Judgment by Austin, Douglas, Fitt, S. Khuhaifa, Lewis, Wilson.(Murphy, Kim) |
| Filing 49 VIDEO TAPE manually filed by Austin, Douglas, Fitt, S. Khuahaifa, Lewis, Wilson re #36 RULE 26 DISCLOSURE (SG) |
| Filing 36 RULE 26 DISCLOSURE by Austin, Douglas, Fitt, S. Khuhaifa, Lewis, Wilson.(Murphy, Kim) |
| Filing 35 NOTICE of Appearance by Kim S. Murphy on behalf of Austin, Douglas, Fitt, S. Khuhaifa, Lewis, Wilson (Murphy, Kim) |
| Remark--Change Plaintiff's address to Groveland Correctional Facility, see Docket No. 32, Certificate of Service. (DRH) |
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Filing 34
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER re #32 MOTION for Extension of Time to File Dispositive Motion filed by Austin, Lewis, Fitt, Douglas, Wilson, S. KhuhaifaDefense motion (Docket No. 32) to extend dispositive motion deadline is granted. Motions due by 2/28/2012. All other Scheduling Order deadlines (Docket No. 20) remain as ordered. This Court (see Docket No. 30, Consent) to schedule Final Pretrial Conference and Jury Selection & Trial by separate Order, if necessary. Motions terminated: #32 MOTION for Extension of Time to File Dispositive Motion filed by Austin, Lewis, Fitt, Douglas, Wilson, S. Khuhaifa.So Ordered. Signed by Hon. Hugh B. Scott on 12/21/2011. (DRH)
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| Filing 33 DECLARATION signed by Michael A. Siragusa In Support of Defendants' Motion to Extend Time to File Dispositive Motion re #32 MOTION for Extension of Time to File Dispositive Motion filed by Austin, Douglas, Fitt, S. Khuhaifa, Lewis, Wilson. (Siragusa, Michael) |
| Filing 32 MOTION for Extension of Time to File Dispositive Motion by Austin, Douglas, Fitt, S. Khuhaifa, Lewis, Wilson.(Siragusa, Michael) |
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Filing 31
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER denying #21 Motion for TRO; denying #21 Motion for Preliminary InjunctionPlaintiff's motion for a TRO and preliminary injunction is denied.So Ordered. Signed by Hon. Hugh B. Scott on 8/29/2011. (DRH)
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| Filing 30 CONSENT to Jurisdiction by US Magistrate Judge by Austin, Douglas, Fitt, S. Khuhaifa, Lewis, Nicholas Robles, Wilson. Case reassigned to Magistrate Hon. Hugh B. Scott. (SG) |
| Filing 29 DECLARATION in support of #21 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Nicholas Robles. (DLC) |
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Filing 28
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER re #20 Scheduling OrderDefense counsel reports that plaintiff has been transferred to the Groveland Correctional Facility and that, due to a medical appointment, plaintiff would not appear at the status conference scheduled for 8/9/2011. That Conference is canceled.So Ordered. Signed by Hon. Hugh B. Scott on 8/9/2011. (DRH)
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| Filing 27 MEMORANDUM in Opposition re #21 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Austin, Douglas, Fitt, S. Khuhaifa, Lewis, Wilson. (Siragusa, Michael) |
| Filing 26 DECLARATION signed by Michael A. Siragusa re #22 Remark, #21 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Fitt, S. Khuhaifa, Wilson, Austin, Douglas, Lewis (i.e. Declaration of michael A. Siragusa In Opposition to Plaintiff's Motion for a TRO and Preliminary Injunction) filed by Fitt, S. Khuhaifa, Wilson, Austin, Douglas, Lewis. (Siragusa, Michael) |
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Filing 25
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER re #21 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by Nicholas RoblesResponses due by 7/25/2011, Replies due by 8/8/2011. So Ordered. Signed by Hon. Hugh B. Scott on 6/27/2011. (DRH)
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| Filing 24 Sealed Document-Medical Records manually filed due to size, sealed pursuant to #20 Order (SG) |
| Filing 23 RULE 26 DISCLOSURE by Austin, Douglas, Fitt, S. Khuhaifa, Lewis.(Siragusa, Michael) |
| Filing 22 SUPPORTING PAPERS AND EXHIBITS by Plaintiff re Motion for Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction (SG) |
| Filing 21 MOTION for Order to Show Cause for Temporary Restraining Order and MOTION for Preliminary Injunction by Nicholas Robles.(SG) |
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Filing 20
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTSCHEDULING/CASE MANAGEMENT ORDER (Pro se Prisoner Actions) (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Motions to Join Parties/Amend Pleadings due by 5/26/2011.Initial Motion to Dismiss due by 6/10/2011. Mandatory Disclosures due by 6/24/2011, Plaintiff Expert Witness ID due by 6/28/2011, Defendant Expert Witness ID due by 8/12/2011, Motions to Compel Discovery due by 8/26/2011, Discovery completed by 9/26/2011.Status Conference set for Tues., 8/9/2011, 10:15 AM, before Hon. Hugh B. Scott. Dispositive Motions due by 12/28/2011.Final Pretrial Conference and Trial dates to be set by Judge Arcara in a separate Order.So Ordered. Signed by Hon. Hugh B. Scott on 4/26/2011. (DRH)
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| Filing 19 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Hugh B. Scott The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED.. Signed by Hon. Richard J. Arcara on 4/20/2011. (JMB) |
| Filing 18 INTERROGATORIES Propounded to Plaintiff (i.e. Defendants' medicare Demand and Response) by Austin, Douglas, Fitt, S. Khuhaifa, Lewis, Wilson.(Siragusa, Michael) |
| Filing 17 ANSWER to #14 Amended Complaint by Austin, Douglas, Fitt, S. Khuhaifa, Lewis, Wilson.(Siragusa, Michael) |
| Filing 16 SUMMONS Returned Executed by Nicholas Robles. Austin served on 3/28/2011, answer due 4/18/2011; Douglas served on 3/28/2011, answer due 4/18/2011; Fitt served on 3/28/2011, answer due 4/18/2011; S. Khuhaifa served on 3/28/2011, answer due 4/18/2011; Lewis served on 3/28/2011, answer due 4/18/2011; Wilson served on 3/28/2011, answer due 4/18/2011. (SG) |
| Remark pltf address updated from Orleans CF to Attica CF (SSK) |
| Summons Issued as to Austin, Douglas, Fitt, S. Khuhaifa, Lewis, Wilson. (SSK) |
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Filing 15
ORDER that the Clerk of Court is directed to cause the U.S. Marshal to serve copies of the Summons and Amended Complaint upon the named defendants; defendants are directed to respond to the amended complaint.. Signed by Hon. Richard J. Arcara on 9/29/10. (SG)
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| Filing 14 AMENDED COMPLAINT against S. Khuhaifa, Douglas, Lewis, Austin, Wilson, Fitt, filed by Nicholas Robles.(SG) |
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Filing 13
ORDER denying #9 Motion for TRO; denying #9 Motion for Preliminary Injunction; denying #11 Motion for TRO; denying #11 Motion for Preliminary Injunction; Amended Complaint due 4/10/10, failure to file the amended complaint will result in dismissal of the action with prejudice without further order and leave to appeal to the Court of Appeals as a poor person is denied. Signed by Hon. Michael A. Telesca on 3/5/10. (SG)
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| Filing 12 STATEMENT by Plaintiff in support of motion for TRO/Preliminary Injunction (SG) |
| Filing 11 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Nicholas Robles.(SG) |
| Filing 10 STATEMENT by Plaintiff with Exhibits (SG) |
| Filing 9 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Nicholas Robles.(SG) |
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Filing 8
ORDER denying without prejudice #6 Motion for a transfer to another correctional facility. Signed by Hon. Charles J. Siragusa on 11/5/2009. (DLC)
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Filing 7
ORDER granting #5 Motion for Leave to Proceed in forma pauperis; terminating #2 Motion for Leave to Proceed in forma pauperis; denying without prejudice motion for TRO and Preliminary Injunction; dismissing the complaint/declaration against defendant New York State Department of Prisons; granting leave to amend, amended complaint shall be filed by 11/23/09; Clerk of Court shall send plaintiff a blank 1983 form and the instructions for preparing an amended complaint; failure to comply will result in dismissal of the action with prejudice without further order; if the complaint is dismissed, the court certifies that any appeal would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied.. Signed by Hon. Charles J. Siragusa on 10/16/09. (SG)
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| Filing 6 REQUEST/MOTION for transfer by Nicholas Robles.(SG) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Nicholas Robles.(DZ) |
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Filing 4
ORDER plaintiff has until 9/30/09 to file a supplemental application which includes a completed prison certification or pay the full $350.00 filing fee; failure to comply will result in dismissal of the action without further notice. Signed by Hon. David G. Larimer on 08/27/09. (SG)
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| Filing 3 MEMORANDUM/BRIEF re #1 Complaint by Nicholas Robles. (SG) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Nicholas Robles.(SG) |
| Filing 1 COMPLAINT/DECLARATION IN SUPPORT against New York State Department of Prisons, Brian Fischer, filed by Nicholas Robles.(SG) |
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