Maull v. Crosson et al
| Gary Maull |
| Mark Crosson, Tim Whitcomb and Lori P. Rieman |
| 1:2020cv00416 |
| April 6, 2020 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 30 TEXT ORDER re #29 status report. The stay in this matter is continued pending resolution of the plaintiff's CPL 440.10 motion. The plaintiff shall file a status report by Monday, December 5, 2022. Failure to do to so may result in dismissal of the complaint for failure to prosecute under Rule 41(b) of the Local Rules of Civil Procedure for the United States District Court for the Western District of New York. It is SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 9/8/2022. (EK)This was mailed to: Gary Maull. |
| Filing 29 STATUS REPORT by Gary Maull. (SG) |
| Filing 28 TEXT ORDER re #27 status report. The stay in this matter is continued pending resolution of the plaintiff's CPL 440.10 motion. The plaintiff shall file a status report by Tuesday, September 6, 2022. Failure to do to so may result in dismissal of the complaint for failure to prosecute under Rule 41(b) of the Local Rules of Civil Procedure for the United States District Court for the Western District of New York. It is SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 6/7/2022. (EK) (Chambers has mailed a copy of this order to the pro se plaintiff.) |
| Filing 27 STATUS REPORT by Gary Maull. (SG) |
| Filing 26 TEXT ORDER re #25 status report. The stay in this matter is continued pending resolution of the plaintiff's CPL 440.10 motion. The plaintiff shall file a status report by Friday, June 10, 2022. Failure to do to so may result in dismissal of the complaint for failure to prosecute under Rule 41(b) of the Local Rules of Civil Procedure for the United States District Court for the Western District of New York. It is SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/14/2022. (EK) (Chambers has mailed a copy of this order to the pro se plaintiff.) |
| Filing 25 STATUS REPORT by Gary Maull. (SG) |
| Filing 24 TEXT ORDER re #23 status report. The stay in this matter is continued pending resolution of the plaintiff's CPL 440.10 motion. The plaintiff shall file a status report by Thursday, March 10, 2022. Failure to do to so may result in dismissal of the complaint for failure to prosecute under Rule 41(b) of the Local Rules of Civil Procedure for the United States District Court for the Western District of New York. It is SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 12/13/2021. (EK) (Chambers has mailed a copy of this order to the pro se plaintiff.) |
| Filing 23 STATUS REPORT by Gary Maull (SG) |
| Filing 22 TEXT ORDER re #21 status report. The stay in this matter is continued pending resolution of the plaintiff's CPL 440.10 motion. The plaintiff shall file a status report by Friday, December 10, 2021. Failure to do to so may result in dismissal of the complaint for failure to prosecute under Rule 41(b) of the Local Rules of Civil Procedure for the United States District Court for the Western District of New York. It is SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 7/9/2021. (MLA) (Chambers has mailed a copy of this order to the pro se plaintiff) |
| Filing 21 STATUS REPORT by Gary Maull. (SG) |
| Filing 20 TEXT ORDER re #19 status report. The stay in this matter is continued pending resolution of the plaintiff's CPL 440.10 motion. The plaintiff shall file a status report with the Court every 90 days. Failure to do to so may result in dismissal of the complaint for failure to prosecute under Rule 41(b) of the Local Rules of Civil Procedure for the United States District Court for the Western District of New York. It is SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 4/28/2021. (MLA)(Chambers has mailed a copy of this order to the pro se plaintiff) |
| Filing 19 STATUS REPORT by Gary Maull. (SG) |
| Filing 18 TEXT ORDER re #17 status report. The stay in this matter is continued pending resolution of the plaintiff's CPL 440.10 motion. The plaintiff shall file a status report with the Court every 90 days. Failure to do to so may result in dismissal of the complaint for failure to prosecute under Rule 41(b) of the Local Rules of Civil Procedure for the United States District Court for the Western District of New York. It is SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/10/2021. (MLA)(Chambers has mailed a copy of this order to the pro se plaintiff) |
| Filing 17 STATUS REPORT by Gary Maull (SG) |
| Filing 16 TEXT ORDER re #15 status update. The stay in this matter is continued pending resolution of the plaintiff's CPL 460.15 motion. The plaintiff shall file a status report with the Court every 90 days. Failure to do to so may result in dismissal of the complaint for failure to prosecute under Rule 41(b) of the Local Rules of Civil Procedure for the United States District Court for the Western District of New York. It is SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 2/9/2021. (MLA) (Chambers has mailed a copy of this text order to the plaintiff) |
| Filing 15 STATUS REPORT by Gary Maull. (CGJ) |
| Filing 14 TEXT ORDER: The plaintiff's #13 motion to stay this matter pending resolution of his CPL 440.10 motion is GRANTED. The plaintiff shall continue to file a status report with the Court every 90 days updating the Court on the status of his pending CPL 440.10 motion. Failure to do to so may result in dismissal of the complaint for failure to prosecute under Rule 41(b) of the Local Rules of Civil Procedure for the United States District Court for the Western District of New York. It is SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 11/12/2020. (MLA)(Chambers has mailed a copy of this order to the pro se plaintiff) |
| Filing 13 STATUS REPORT by Gary Maull. (SG) |
| Case Stayed (SG) |
| Filing 12 TEXT ORDERThe plaintiff has moved to stay this matter pending resolution of his pending motion under CPL 440.10 in New York Supreme Court, Cattaraugus County. See Docket Item #11 . He also has moved to amend his complaint to (1) dismiss defendant Lori P. Rieman as a defendant to this action; (2) strike his demand for vacatur of his conviction and criminal prosecution of the named defendants; and (3) add Cattaraugus County as a defendant to this action. See id. The Court grants both motions in their entirety. When "developments in a related criminal action may ultimately effect [sic] the viability of [a] claim [barred by the favorable-termination requirement of Heck v. Humphrey, 512 U.S. 477 (1994),]... a stay of the [section] 1983 action may be appropriate while the criminal action pends." Smith v. Campbell, 782 F.3d 93, 101 (2d Cir. 2015) (citations omitted). That is the case here, as Maull represents that he currently is challenging the validity of the convictions underlying his otherwise-barred section 1983 claims. See Docket Item #11 . IT IS HEREBY ORDERED that Maull's motion to amend the complaint is GRANTED and the Clerk of Court shall update the caption accordingly; and it is further ORDERED that Maull's motion to stay this matter is GRANTED; and it is further ORDERED that Maull shall file a status report with the Court every 90 days updating the Court on the status of his pending CPL 440.10 motion. Failure to do to so may result in dismissal of the complaint for failure to prosecute under Rule 41(b) of the Local Rules of Civil Procedure for the United States District Court for the Western District of New York. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 08/13/2020. (CEH).-CLERK TO FOLLOW UP- |
| Remark: Clerk mailed copy of # 12 Order to Gary Maull. (MD) |
| Filing 11 MOTION to Amend #1 Complaint, MOTION to Show Cause by Gary Maull. (CGJ) |
| Remark: Clerk mailed copy of # 10 Order to Gary Maull. (MD) |
Filing 10
ORDERED that Maulls motion to reopen this action, Docket Item #8 , is GRANTED; Maulls motion to proceed in forma pauperis, Docket Item #9 , is DENIED as moot; Maull shall show cause within 30 days of the date of this order why Heck does not bar his claims; and if Maull does not file a show cause response within 30 days of the date of this order, the complaint will be dismissed without further order and the Clerk of Court shall close the case. Signed by Hon. Lawrence J. Vilardo on 07/06/2020. (CEH)-CLERK TO FOLLOW UP-
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| Filing 9 MOTION for Leave to Proceed in forma pauperis by Gary Maull.(JD) |
| Filing 8 MOTION to Reopen Case by Gary Maull.(JD) |
| Filing 7 Remark: Clerk mailed copy of # 6 Order to Gary Maull. (MD) |
| Filing 6 TEXT ORDER: The plaintiff shall have until July 1, 2020, to file a certification of his inmate trust fund account, see Docket Item #3 . Signed by Hon. Lawrence J. Vilardo on 06/08/2020.(CEH) |
| Filing fee: $ 400.00, receipt number BUF068527. (KM) Modified on 6/8/2020 show receipt received form finance on 6/8/2020 (KM). |
| Filing 5 Letter from Gary Maull, dated 5/27/20, to Clerk. (Attachments: #1 Envelope) (JHF) |
| Remark: Clerk mailed copy of # 3 & 4 Order to Gary Maull. (MD) |
| Filing 4 JUDGMENT signed by Mary C. Loewenguth, Clerk of Court on 5/6/2020. (BK) |
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Filing 3
ORDERED: that the Clerk of Court shall administratively terminate this action without filing the complaint or assessing a filing fee; that the Clerk of Court shall send to the plaintiff a copy of this order and a form motion to proceed IFP; that if the plaintiff wishes to reopen this action, he shall so notify this Court, in writing, no later than thirty days from the date of this order. This writing must include either (a) a properly supported motion to proceed IFP, or (b) the $400.00 in fees; and that upon the plaintiff's submission of either (a) or (b), the Clerk of Court shall reopen this case. Signed by Hon. Lawrence J. Vilardo on 05/05/2020. (CEH)-CLERK TO FOLLOW UP-
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Gary Maull. (BK) |
| Filing 1 COMPLAINT against All Defendants, filed by Gary Maull. (BK) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (BK) |
| The Pro Se Packet including: the Privacy Notice, Consent to Proceed before a Magistrate Judge and the Civil Case Timeline have been mailed to the Plaintiff. (BK) |
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