Mitchell et al v. New York State Department of Correctional Services et al
| 6:2006cv06278 |
| June 7, 2006 |
| US District Court for the Western District of New York |
| Rochester Office |
| Charles J. Siragusa |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
167
DECISION AND ORDER dismissing 64 Motion for Joinder; dismissing 95 Motion for Joinder; dismissing 96 Motion for Joinder; granting 111 Motion for Summary Judgment; denying 121 Motion ; dismissing 132 Motion for Joinder; dismissing [1 33] Motion for Joinder; dismissing 134 Motion for Joinder; dismissing 136 Motion ; dismissing 139 Motion for Joinder; denying 142 Motion for Summary Judgment; dismissing 147 Motion for Joinder; dismissing 150 Motion to Amend or Cor rect; dismissing 152 Motion for Joinder; dismissing 153 Motion to Amend or Correct; dismissing 155 Motion for Reconsideration ; dismissing 156 Motion for Reconsideration ; dismissing 160 Motion for Joinder; dismissing 161 Motion for Joinder; dismissing 162 Motion for Joinder; dismissing 165 Motion for Joinder; dismissing 166 Motion. (Clerk to close case.) Signed by Hon. Michael A. Telesca on 12/12/12. (JMC)
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Filing
145
DECISION and ORDER re 138 Order on Motion to Compel, Order on Motion for Miscellaneous Relief, 140 MOTION Injunctive Relief filed by Dontie S. Mitchell. Accordingly, Plaintiffs Objections [#140] are denied, and the Decision and Order [#138] is affirmed and adopted in all respects. Signed by Hon. Charles J. Siragusa on 10/19/12. (KAP)
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Filing
138
DECISION & ORDER Mitchell's motions to compel, for leave to conduct depositions and for the appointment of counsel ( 109 & 124 ) are denied without prejudice to renewal. Signed by Hon. Marian W. Payson on 9/5/2012. (KAH)
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Filing
106
DECISION AND ORDER denying 104 Motion to Amend or Correct; denying 104 Motion. Signed by Hon. Charles J. Siragusa on 11/2/11. (KAP)
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Filing
101
DECISION AND ORDER. ORDERED, that Plaintiffs request for injunctive relief, dated October 6, 2011 and received by the Court on October 11, 2011, is denied. Moreover, as a result of the Courts recent Decision and Order, which granted Plaintiffs moti on to amend in part, there are new claims in this action and new defendants who have not been served. Accordingly, the Court will request the Honorable Marian W. Payson, the United States Magistrate Judge to whom this case is referred for all non-dispositive pretrial matters, to conduct a scheduling conference.Signed by Hon. Charles J. Siragusa on 10/19/11. (KAP)
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Filing
100
DECISION AND ORDER granting in part and denying in part 61 Motion for Summary Judgment; granting in part and denying in part 61 Motion ; granting in part and denying in part 62 Motion to Amend or Correct; granting in part and denying in part [7 3] Motion for Summary Judgment. Plaintiffs motion [#61] is granted in part and denied in part, as follows: His summary judgment motion is denied, and his motion to supplement is granted as to the Southport mechanical restraint claims against Griffin, but is otherwise denied. The claims against Tschantre, Burns, Casaceli, Prack, and Kirkpatrick, arising from the March 2010 misbehavior reports and disciplinary hearing and appeals, are dismissed with prejudice. Plaintiffs motion to amend [#62] is granted in part and denied in part, as follows: The claims asserted by Hutchinson and Jones are dismissed, but the remaining claims may go forward. Defendants purported cross-motion for summary judgment [#73], which is really just an opposition to Plaintiffs motion to supplement on the grounds of futility, is granted in part and denied in part, as follows: It is granted as to the due process and false misbehavior report claims, and denied as to the Southport mechanical restraint claim against Griffin, which will supplement the mechanical restraint claims in the Second Amended Complaint.Signed by Hon. Charles J. Siragusa on 9/28/11. (KAP)
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Filing
98
DECISION & ORDER denying without prejudice 68 Motion to serve written depositions upon unidentified inmates; denying without prejudice 93 Motion to Appoint Counsel. It is plaintiff responsibility to retain an attorney or press forward with this action pro se. Signed by Hon. Marian W. Payson on 8/25/2011. (KAH)
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Filing
49
DECISION AND ORDER granting in part and denying in part 21 Motion to Dismiss; granting in part and denying in part 24 Motion to Dismiss; granting in part and denying in part 17 Motion to Dismiss. Defendants applications (Docket Nos. [#17][#21][ #24]) are granted in part and denied in part. The applications are granted as follows: The claims against DOCS are dismissed; any claims for money damages against Defendants in their official capacities are dismissed; and the incidents described in paragraphs 101-104, 121-122 and 126 of the Amended Complaint are dismissed as time-barred. Otherwise, the applications are denied.. Signed by Hon. Charles J. Siragusa on 1/26/09. (KAP)
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