Carter v. State of NY et al
| Anderson Carter |
| Sandra Prusak, Director John Doe, John Doe, C.O. Hembrook, James Conway, Paul Chappius, Conners, C.O. Banasak, Brown, C.O. Viscuso, Captain Robinson, Pearlman, Upstate Correctional Facility, Lambert, M. James, John Doe Correction Officers, Counselor O'Mara, Nurse Haley, John Doe Hall Captian "C" Block Attica, C.O. Pritchard, Lucien Leclaire, C.O. McDonald, C.O. Wagner, Dolce, David Rock, Brian Fischer, Sgt. Corcrane, K. Burke, Imam Zakaria, G. D. Struebel, Karen Bellamy and Sgt. Shiefer |
| 1:2011cv00014 |
| January 6, 2011 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Franklin |
| Geoffrey Crawford |
| Jeremiah J McCarthy |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on September 15, 2015. A more recent docket listing may be available from PACER.
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| Filing 80 STIPULATION of Dismissal by Banasak, Brown, Paul Chappius, Dolce, Haley, Pearlman, Pritchard, Robinson, Shiefer, Viscuso, Wagner. (Attachments: #1 Certificate of Service)(Sleight, David) |
Filing 79
ORDER OF DISMISSAL. Signed by Hon. Geoffrey Crawford on 6/29/15. (DZ)
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| Filing 78 MINUTE ENTRY for proceedings held before Geoffrey Crawford. Telephone Status Conference held on 6/2/2015. M. McCabe, Esq. for pltf. D. Sleight, AAG for dfts. Court makes inquiries re: case status. Counsel confirm that settlement has been reached. Counsel request 10 days to file dismissal paperwork. ORDERED: Request granted. (Recorded) (PJL) |
| Filing 77 Minute Entry for proceedings held before Geoffrey W. Crawford: Telephone Status Conference held on 5/20/2015. D. Sleight, AAG present for dfts. M. McCabe, Esq. present for pltf. Court confirms that pltf is not moving forward with Court of Claims case. Jury Selection set for 7/20/2015 and Jury Trial set for 7/21/2015 through 7/24/2015 before Geoffrey W. Crawford. The trial will run from 9:00 a.m. to 4:30 p.m. each day. (Recorded) (PJL) |
| CALENDAR EVENT/NOTICE OF HEARING: Status Conference set for 6/2/2015 at 1:30 PM before the Honorable Geoffrey W. Crawford. All participants will appear by telephone. Further, the Status Conference set for 6/29/2015 at 1:30 PM in Chautauqua Courtroom, U.S. Courthouse, Buffalo, NY before the Honorable Geoffrey W. Crawford is hereby CANCELLED. (JDK) |
| Filing 76 CALENDAR EVENT/NOTICE OF HEARING: Status Conference set for 5/20/2015 at 2:00 PM before the Honorable Geoffrey W. Crawford. All participants will appear by telephone.(PJL) |
| Filing 75 CALENDAR EVENT: Status Conference set for 6/29/2015 at 1:30 PM in Chautauqua Courtrooom, U.S. Courthouse, Buffalo, NY before Honorable Geoffrey W. Crawford. (PJL) |
| Filing 74 -CLERK TO FOLLOW UP-ORDER STAYING CASE: Pursuant to notification from pltf's counsel on 4/27/2015, this case is STAYED pending resolution of pltf's State Court of Claims case. The jury selection and trial scheduled to commence on 5/11/2015 at 1:00 p.m. is continued. Signed by Geoffrey Crawford on 4/29/2015. (This is a text order only.) (PJL) |
| Filing 73 Minute Entry for proceedings held before Geoffrey Crawford: Status Conference held on 4/23/2015. Court makes inquiries and counsel make statements re: jury trial scheduled for 5/11/2015 and pending Court of Claims case. Dfts request a stay until the Court of Claims case is resolved. Pltf opposes stay. ORDERED: Counsel for pltf will notify the court by 12:00 on 4/27/2015 of decision to pursue Court of Claims case. If pltf dismisses Court of Claims case, the federal trial will stay on track for 5/11/2015. If not, a stay will be issued. For pltf. - Michael McCabe, Esq. by videoconference. For dfts. - David Sleight, Esq. by telephone. (Court Reporter Anne Henry) (PJL) |
| Filing 72 SCHEDULING NOTICE TO: Michael L. McCabe, Esq.*, David J. Sleight**, Anne Henry, Court Reporter. TAKE NOTICE that the above-entitled case has been scheduled at 1:30 p.m. on Thursday, April 23, 2015, at Rutland, Vermont before the Honorable Geoffrey W. Crawford, District Judge, for a Status Conference. Location: Chautauqua Courtroom, 8th Floor, Robert H. Jackson U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202. *Counsel to appear by video conference **Counsel to appear by telephone (MEAL) |
| Filing 71 Proposed Jury Instructions by Banasak, Brown, Paul Chappius, Dolce, Haley, Pearlman, Pritchard, Robinson, Shiefer, Viscuso, Wagner. (Attachments: #1 Affidavit A)(Sleight, David) |
| Filing 70 First MOTION in Limine by Anderson Carter. (Attachments: #1 Memorandum in Support)(McCabe, Michael) |
| Filing 69 TRIAL BRIEF by Anderson Carter. (McCabe, Michael) |
| Filing 68 CORRECTION: The Cattaraugus Courtroom is located on the 7th Floor of the Robert H. Jackson United States Courthouse. (MEAL) |
| Filing 67 TEXT ORDER Counsel having previously been advised that the trial date of 6/16/2015 may be moved up, IT HEREBY IS ORDERED THAT, jury selection and trial will now commence on 5/11/2015 at 1:00 p.m. before the Hon. Geoffrey W. Crawford in the Cattaraugus Courtroom, 8th Floor, Robert H. Jackson United States Courthouse, 2 Niagara Square, Buffalo, New York 14202. FURTHER, this case is TRANSFERRED to the Hon. Geoffrey W. Crawford, for all further proceedings.FURTHER, all upcoming appearances before Judge Skretny are adjourned. Judge Crawford will schedule a final pre-trial conference before him by separate order. SO ORDERED. Issued by William M. Skretny, Senior United States District Judge on 3/26/2015. (CMD) |
| Case reassigned to Geoffrey Crawford. Hon. William M. Skretny no longer assigned to the case. (DZ) |
| Filing 66 TEXT ORDER. IT HEREBY IS ORDERED THAT, Plaintiff's #65 Motion for Extension of Time to File a Pretrial Statement is GRANTED. Plaintiff's Pretrial Statement is now due by 3/30/2015. SO ORDERED. Issued by William M. Skretny, Senior United States District Judge on 3/24/2015. (CMD) |
| Filing 65 First MOTION for Extension of Time to File Pretrial Statement by Anderson Carter.(McCabe, Michael) |
| Filing 64 TRIAL BRIEF and Rule 16 Statement by Banasak, Brown, Paul Chappius, Dolce, Haley, Pearlman, Pritchard, Robinson, Shiefer, Viscuso, Wagner. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sleight, David) |
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Filing 62
PRETRIAL ORDER - Jury selection is scheduled to begin on June 16, 2015 at 9:30 AM. A final pretrial conference will be held on April 15, 2015 at 9:00 AM, and a final status conference will be held on June 8, 2015 at 9:00 AM. All will take place in the Buffalo Courtroom, before the Hon. William M. Skretny. Signed by Chief Judge William M. Skretny on 3/4/2015. (Attachments: #1 Pretrial Order Attachment)(JCD)
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| Filing 63 Minute Entry for proceedings held before William M. Skretny, Chief Judge: Status Conference held on 3/4/2015. Mediation unsuccessful and defendants are unwilling to consent. Case is ready for trial. Trial duration anticipated at less than 1 week. Jury selection and jury trial is scheduled to commence on 6/16/2015 at 9:30 AM before William M. Skretny, Chief Judge. Final Status Conference set for 6/8/2015 at 9:00 AM before William M. Skretny, Chief Judge. Final Pretrial Conference set for 4/15/2015 at 9:00 AM before William M. Skretny, Chief Judge. CMO to be issue. Court to advise counsel if earlier trial date becomes available. For pltf. - Michael McCabe. For the defts. - David Sleight. (Court Reporter Michelle McLaughlin.) (JDK) |
| Filing 61 Mediation Certification by Barry L. Radlin.(JEC) |
| Filing 60 Summons Returned Unexecuted by Anderson Carter as to K. Burke. (KM) |
| CASE REFERRED TO MEDIATION; The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(DZ) |
| Filing 59 Minute Entry for proceedings held before William M. Skretny, Chief Judge: Status Conference held on 12/22/2014. Attorney General has responded to plaintiff's settlement demand. Case is referred to mediation as follows: parties to contact Barry Radlin, Court Mediator to schedule a mediation session by 12/31/2014. Mediation session to be completed within 60 days. Additional Status Conference is set for 3/4/2015 at 10:00 AM before William M. Skretny, Chief Judge. For the pltf. - Michael McCabe. For the defts. - David Sleight. (Court Reporter Michelle McLaughlin.) (JDK) |
| Filing 58 Minute Entry for proceedings held before William M. Skretny, Chief Judge: Status Conference held on 11/19/2014. No appearance by defense counsel David Sleight due to the snowstorm affecting the region. Parties did contact Barry Radlin, Court Mediator, however, defendants filed a motion to extend the time to complete mediation. To date no mediation session has been held. Plaintiff is still waiting for a response to his April 2014 settlement demand. Defense counsel is directed to report on his settlement authority at the next status conference. Status Conference set for 12/22/2014 at 9:00 AM before William M. Skretny, Chief Judge. For the pltf. - Michael McCabe. (Court Reporter FTR Gold.) (JDK) |
| Filing 57 DECLARATION re #56 MOTION extend time to complete mediation filed by Banasak, Brown, Paul Chappius, Dolce, Haley, Pearlman, Pritchard, Robinson, Shiefer, Viscuso, Wagner . (Sleight, David) |
| Filing 56 MOTION extend time to complete mediation by Banasak, Brown, Paul Chappius, Dolce, Haley, Pearlman, Pritchard, Robinson, Shiefer, Viscuso, Wagner.(Sleight, David) |
| Filing 55 Minute Entry for proceedings held before William M. Skretny, Chief Judge: Status Conference held on 9/22/2014. Discovery is complete. Plaintiff has made a settlement demand, Attorney General's Office is preparing a response. Case is referred to mediation as follows: parties to contact Barry Radlin, Court Mediator within 10 business days by 10/6/2014, mediation session to be complete by 11/19/2014. Status Conference set for 11/19/2014 at 11:00 AM before William M. Skretny, Chief Judge. For the pltf. - Michael McCabe. For the defts. - David Sleight. (Court Reporter Michelle McLaughlin.) (JDK) |
| Filing 54 SCHEDULING NOTICE. A Status Conference is scheduled for 9/22/2014 at 9:00 AM before William M. Skretny, Chief Judge. (MEAL) |
| Filing 53 TEXT ORDER : In accordance with today's telephonic chambers conference, pretrial proceedings before me have concluded. The parties shall contact Judge Skretny's chambers to schedule a trial date. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/5/14. (DAZ) |
| Filing 52 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: In Chambers Telephonic Status Conference held on 8/5/2014. Case is ready for trial, parties directed to contact Judge Skretny. APPEARANCES: Michael L. McCabe and David Kernan for Plaintiff; David J. Sleight for Defendants. (DAZ) |
| CALENDAR EVENT : Status Conference set for 8/5/2014 at 09:30 AM before Hon. Jeremiah J. McCarthy. (DAZ) |
| Filing 51 MINUTE ENTRY AND ORDER: Proceedings held before Hon. Jeremiah J. McCarthy: Telephonic In Chambers Status Conference held on 6/23/2014. APPEARANCES: Michael L. McCabe and David Kernan for Plaintiff; David J. Sleight for Defendants. In accordance with the June 23, 2014 conference, a further conference is scheduled for August 5, 2014 at 9:30 a.m. The parties may participate by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/23/14. (DAZ) |
| Filing 50 TEXT ORDER : In accordance with yesterday's conference, a further conference is scheduled for June 23, 2014 at 10:00 a.m. The parties may participate by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/20/14. (DAZ) |
| CALENDAR EVENT : Status Conference set for 6/23/2014 at 10:00 AM before Hon. Jeremiah J. McCarthy. (DAZ) |
| Filing 49 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic In Chambers Status Conference held on 5/19/2014. Discussed status of settlement negotiations. APPEARANCES: Michael L. McCabe, David Kernan for Plaintiff; David J. Sleight for Defendants. (DAZ) |
| Filing 48 TEXT ORDER : At plaintiff's request and with defendants' consent, the April 17, 2014 conference 47 is rescheduled to May 19, 2014 at 2:00 p.m. The parties may participate by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/7/14. (DAZ) |
| Filing 47 TEXT ORDER : In accordance with yesterday's chambers conference, a further conference is scheduled for April 17, 2014 at 2:00 p.m. In the interim, the parties are free to exchange discovery voluntarily, but such discovery will not be subject to court compulsion, and may contact Barry Radlin, the Court's ADR Program Administrator, to schedule a mediation. The parties may participate in the April 17, 2014 conference by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/14/14. (DAZ) |
| Filing 46 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: In Chambers Status Conference held on 2/13/2014. Discussion re scheduling issues.APPEARANCES: Michael L. McCabe and David H. Kernan for Plaintiff; David J. Sleight for Defendants. (DAZ) |
| Filing 45 TEXT ORDER : At plaintiff's request and with defendants' consent, tomorrow's conference 44 is adjourned to February 13, 2014 at 2:00 p.m. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/29/14. (DAZ) |
| Remark - mailed the Guidelines Governing Reimbursement from the District Court Fund of Expenses incurred by Court Appointed Counsel to Michael L. McCabe, Esq. at Phillips Lytle LLP. Attorney McCabe notified to update mailing addresses. (DZ) |
| Filing 44 -CLERK TO FOLLOW UP- TEXT ORDER : Michael L. McCabe, Esq. of Phillips Lytle LLP is appointed as counsel to plaintiff. The Clerk of the Court is directed to forward plaintiff's counsel the Guidelines Governing Reimbursement from the District Court Fund of Expenses Incurred by Court Appointed Counsel. I will also request Chief Judge Skretny to issue an Order directing PACER to waive its fees so that plaintiff's counsel may access and print any documents filed in this case at no cost to him or his Firm. A conference is scheduled for January 30, 2014 at 11:00 a.m. The parties may participate via telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/13/14. (Court has mailed a copy of this order to plaintiff and emailed a copy to Michael L. McCabe, Esq.)(DAZ) |
| Filing 43 RULE 26 DISCLOSURE by Banasak, Brown, Paul Chappius, Dolce, Haley, Pearlman, Pritchard, Robinson, Shiefer, Viscuso, Wagner. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Sleight, David) |
| Filing 42 MINUTE ENTRY AND ORDER: Proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 1/9/14. APPEARANCES: Pro se plaintiff Anderson Carter, David J. Sleight for Defendants. Court grants plaintiff's motions #35 and #38 to appoint counsel. Court will set a new conference date once an attorney has been appointed. Court also suggests that the parties consider settlement discussions. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/9/14. (Court has mailed a copy of this Minute Entry and Order to plaintiff). (DAZ) |
| Filing 41 TEXT ORDER : Before me is defendants' motion #39 to amend the Case Management Order ("CMO") by extending the January 6, 2014 dispositive motion deadline by 60 days. Although the CMO expressly stated that "[n]o extension of the... cutoff dates will be granted except upon written application, filed prior to the cutoff date, showing good cause for the extension" (id., p. 3, emphasis added), defendants' motion was not filed until the date of the deadline. In any event, Fed. R. Civ. P. ("Rule") 16(b)(4) provides that "[a] schedule may be modified only for good cause", and "a finding of 'good cause' depends upon the diligence of the moving party". Parker v. Columbia Pictures Industries, 204 F.3d 326, 340 (2d Cir. 2000). Since the CMO was issued nearly 10 months ago, defendants' argument that they "need more time to marshal their evidence to support their anticipated summary judgment motion" (Sleight Declaration #40 , 10) does not constitute "good cause" for an extension of the deadline. Therefore, their motion #39 is denied. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/8/14. (Court has mailed a copy of this order to plaintiff). (DAZ) |
| Filing 40 DECLARATION signed by David J. Sleight re #39 MOTION to Amend/Correct #37 Scheduling Order,, filed by Banasak, Brown, Paul Chappius, Dolce, Haley, Pearlman, Pritchard, Robinson, Shiefer, Viscuso, Wagner . (Sleight, David) |
| Filing 39 MOTION to Amend/Correct #37 Scheduling Order,, by Banasak, Brown, Paul Chappius, Dolce, Haley, Pearlman, Pritchard, Robinson, Shiefer, Viscuso, Wagner.(Sleight, David) |
| Filing 38 MOTION to Appoint Counsel by Anderson Carter.(DZ) |
| Filing 37 CASE MANAGEMENT ORDER (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.) Dispositive Motions due by 1/6/2014. In the event that no dispositive motions are filed, a status conference is set for 1/9/2014 at 09:00 AM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 3/11/13. (Court has mailed a copy of this order to plaintiff).(DAZ) |
| Filing 36 REQUEST for Clerk's Entry of Default by Anderson Carter against Banasak, Brown, Paul Chappius, Dolce, Haley, Pearlman, Pritchard, Robinson, Shiefer, Viscuso, Wagner. (DZ) |
| Filing 35 MOTION to Appoint Counsel by Anderson Carter.(DZ) |
| Remark re: #36 Request for Clerk's Entry of Default - Clerk's Default not entered as Answer was filed 2/25/13 (item #34) (DZ) |
| Filing 34 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Scheduling Conference held on 3/7/2013. Parties discussed case management order deadlines and possible settlement conferences. APPEARANCES: Pro se plaintiff Anderson Carter and David J. Sleight for Defendants. (DAZ) |
| Filing 33 ANSWER to #11 Amended Complaint,, by Banasak, Brown, Paul Chappius, Dolce, Haley, Pearlman, Pritchard, Robinson, Shiefer, Viscuso, Wagner.(Sleight, David) |
| Filing 32 SUMMONS Returned Executed by Anderson Carter. Pearlman served on 12/27/2012, answer due 1/17/2013. (DZ) |
| Filing 31 SUMMONS Returned Executed by Anderson Carter. Viscuso served on 12/27/2012, answer due 1/17/2013. (DZ) |
| Filing 30 SUMMONS Returned Executed by Anderson Carter. Haley served on 12/27/2012, answer due 1/17/2013. (DZ) |
| Filing 29 SUMMONS Returned Executed by Anderson Carter. Shiefer served on 12/27/2012, answer due 1/17/2013. (DZ) |
| Filing 28 SUMMONS Returned Executed by Anderson Carter. Pritchard served on 12/27/2012, answer due 1/17/2013. (DZ) |
| Filing 27 SUMMONS Returned Executed by Anderson Carter. Wagner served on 12/27/2012, answer due 1/17/2013. (DZ) |
| Filing 26 SUMMONS Returned Executed by Anderson Carter. Paul Chappius served on 12/27/2012, answer due 1/17/2013. (DZ) |
| Filing 25 SUMMONS Returned Executed by Anderson Carter. Brown served on 12/27/2012, answer due 1/17/2013. (DZ) |
| Filing 24 SUMMONS Returned Executed by Anderson Carter. Banasak served on 12/27/2012, answer due 1/17/2013. (DZ) |
| Filing 23 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 2/7/2013. Court resets scheduling conference to 2/28/13 at 3:30 PM. Several defendants have not answered as yet and court will hold off setting case management order deadlines until the next conference. Plaintiff also brought an oral motion for appointment of counsel. Court will not grant an oral motion and requests plaintiff to file a written motion. APPEARANCES: Pro se plaintiff Anderson Carter; David J. Sleight for Defendants Dolce and Robinson. (FTR GOLD) (DAZ) |
| CALENDAR EVENT: Scheduling Conference set for 2/28/2013 at 03:30 PM before Hon. Jeremiah J. McCarthy. (DAZ) |
| TEXT ORDER : In accordance with today's telephonic service, a further conference is scheduled for March 7, 2013 at 2:00 P.M. The parties may participate by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/7/13. (Court has mailed a copy of this order to plaintiff).(DAZ) |
| Filing 22 TEXT ORDER: At plaintiff's request and with defendants' consent, the February 8, 2013 preliminary pretrial conference is reset to February 7, 2013 at 9:30 A.M. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/18/13. (Court has mailed a copy of this order to plaintiff).(DAZ) |
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Filing 21
ORDER OF PRELIMINARY PRETRIAL CONFERENCE set for 2/8/2013 at 10:00 AM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 1/4/13. (Court has mailed a copy of this order to plaintiff).(DAZ)
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Filing 20
TEXT REFERRAL ORDER - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), 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 not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. 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. 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. Issued by Chief Judge William M. Skretny on 1/4/2013. (JCD)
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| Filing 19 ANSWER to #11 Amended Complaint,, by Dolce, Robinson.(Sleight, David) |
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Filing 18
ORDER directing the Clerk of Court to amend the caption of this action to reflect that plaintiff's name is Anderson Carter. Signed by Hon. Charles J. Siragusa on 11/16/12. (DZ)
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| Filing 17 Acknowledgment of Service PR by Carter Anderson. Dolce served on 10/26/2012, answer due 12/26/2012. (DZ) |
| Filing 16 Acknowledgment of Service PR by Carter Anderson. Robinson served on 10/26/2012, answer due 12/26/2012. (DZ) |
| Summons Issued as to Banasak, Brown, K. Burke, Paul Chappius, Haley, Pearlman, Pritchard, Shiefer, Viscuso, Wagner. (SSK) |
| Filing 15 Letter from Anderson M. Carter, dated 10/17/12, to Clerk of Court re: correction of name. (DZ) |
| Summons Issued as to Dolce, Robinson. (SSK) |
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Filing 14
ORDER directing the Clerk of Court to amend the caption of this matter to include both Captain Robinson and Dolce, Deputy Superintendent of Programs as defendants and to cause the U.S. Marshal Service to serve the Summons, Amended Complaint, along with this Order and the Decision and Order filed 8/9/12 (dkt. no.12) upon defendants Robinson and Dolce. (DZ).
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| Filing 13 NOTICE by Carter Anderson re: Identification of Defendants (Hearing Officers) for due process claim. (DZ) |
| Filing 12 DECISION AND ORDER dismissing certain claims (see order for details); Further, the Clerk of Court is directed to terminate defendants Commissioner Brian Fischer, Sgt. Corcrane, Imam Zakaria, Lambert, Conners,L. Leclaire, K. Bellamy, S. Prusak, Counselor O'Mara, G.D. Struebel, M. James, C.O. Hembrook, Upstate Correctional Facility, J. Conway, D. Rock, John Doe Hall Captaini "C" Block Attica, and John Dore Correctio Officers as parties to this action. Within 30 days of receipt of this Order, plaintiff shall provide the Court name and address of defendant against whom due process claim was intended. The Clerk of Court is directed to cause the U.S. Marshal to service copies of the Summons, Amended Complaint, this Order and Order filed 7/19/11 (dkt. No. 4). The Clerk of Court is directed to add Sgt. Shiefer as defendant to this action. Plaintiff's motion for appointment of counsel is denied without prejudice and motion for permanent injunction is denied as moot. The Clerk of court shall forward a copy of this Order to Deputy Attorney General in Charge, Buffalo, NY. Signed by Hon. William M. Skretny on 8/8/12. (DZ) |
| Remark pltf address updated from NYC to Box 155 NYC (SSK) |
| Remark pltf address updated from Great Meadow CF to New York City (SSK) |
| Filing 11 AMENDED COMPLAINT against Banasak, Karen Bellamy, Brown, K. Burke, Paul Chappius, Conners, Corcrane, John Doe(Director of the Division of Ministerial and Family Services sue in official capacity), John Doe(ministerial Director (Head Inam) sue in official capacity), Brian Fischer, Haley, Hembrook, M. James, John Doe Correction Officers, John Doe Hall Captian "C" Block Attica, Lambert, Lucien Leclaire, O'Mara, Pearlman, Pritchard, Sandra Prusak, David Rock, G. D. Struebel, Upstate Correctional Facility, Viscuso, Wagner, Imam Zakaria, filed by Carter Anderson. (Attachments: #1 exhibits)(DZ) |
| Filing 10 TEXT ORDER. IT HEREBY IS ORDERED THAT, Plaintiff's #8 #9 Motions for Extension of Time to file his Amended Complaint are GRANTED. Plaintiff shall file his Amended Complaint with the Clerk of the Court on or before 1/22/2012. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/23/2011. (CMD) |
| Filing 9 MOTION for Extension of Time to Amend by Carter Anderson.(DZ) |
| Filing 8 MOTION to Amend/Correct #1 Complaint by Carter Anderson.(DZ) |
| Remark pltf address updated from Upstate CF to Great Meadow CF (SSK) |
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Filing 7
ORDER denying without prejudice #3 , #6 Motions to Appoint Counsel ; granting #5 Motion for Extension of Time to File; denying request to suspend/stay the filing of an amended complaint. Plaintiff has until 11/15/11 to file an amended complaint. Signed by Hon. William M. Skretny on 8/3/11. (DZ)
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| Filing 6 MOTION to Appoint Counsel by Carter Anderson.(DZ) |
| Filing 5 LETTER MOTION for Extension of Time by Carter Anderson.(DZ) |
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Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis and denying request for a temporary restraining order and permanent injunction. Further the Clerk of Court is directed to amend caption to include as defendants: Brian Fischer, Commissioner; C.O. "Viscuso"; Nurse Haley; James Conway Superintendent, and Paul Chappius, Deputy Superintendent of Security. Further, plaintiff's second claim to the extent it alleges a claim under RLUIPA and the Fifth Claim are dismissed with prejudice and the Clerk of Court is directed to terminate defendants State of New York, State of NY Department of Corrections, Attica Correctional Facility and Brian Fischer as parties to this action. Further plaintiff is granted leave to file an amended complaint by 8/10/11 and the Clerk of Court shall send plaintiff with this order, a copy of the original complaint, a blank section 1983 complaint form and the instructions for preparing an amended complaint.Further in the event plaintiff fails to file an amended complaint by said date, specific claims will be dismissed with prejudice without further order and the Clerk shall terminate defendants stated in order. Further, in the event plaintiff fails to file an amended complaint by 8/10/11, the Clerk of Court is directed to cause the U.S. Marshal to service copies of the summons, complaint and this Order upon said defendants without plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in plaintiff's favor, Further, the defendants are directed to answer the complaint. Signed by Hon. David G. Larimer on 7/18/11. (DZ)
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| Filing fee paid for Carter Anderson: $ 350.00, receipt number 23812 (DZ) |
| Filing 3 MOTION to Appoint Counsel by Carter Anderson.(DZ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Carter Anderson .(DZ) |
| Filing 1 COMPLAINT against Attica Correctional Facility, Banasak, McDonald, Pritchard, Shiefer, State of NY, State of NY Department of Corrections, Wagner, filed by Carter Anderson.(DZ) |
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