Applewhite v. Sheahan et al
| Chris Applewhite |
| Micheal Sheahan, Paul Chappius, Micheal McGinnis, Joseph Cieslak, Betty Kennedy, Bradley S. Sullivan, Jimmie Irizarry, Larry C. Gleason, Kent E. Cassler, Stanley Sepiol, Herbert Williams, John Alves and Richard A. Donahue |
| 6:2008cv06045 |
| January 30, 2008 |
| US District Court for the Western District of New York |
| Prisoner: Civil Rights Office |
| Chemung |
| Charles J. Siragusa |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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
78
-CLERK TO FOLLOW UP-DECISION AND ORDER adopting in part and rejecting in part the Report and Recommendation [Dkt. 77] and dismissing the Complaint with prejudice due to Plaintiff's failure to prosecute. (Clerk to close case.). Signed by Hon. Michael A. Telesca on 7/8/13. (JMC)
|
|
Filing
64
-CLERK TO FOLLOW UP-DECISION AND ORDER denying 20 Motion for Summary Judgment; granting 26 Motion to Vacate ; denying 39 Motion for Default Judgment; granting in part and denying in part 42 Motion ; denying 42 Motion to Strike ; denyin g 42 Motion for Entry of Default; granting in part and denying in part 12 Motion to Dismiss. Plaintiffs motion for default judgment against Defendant Sepiol, ECF No. 39 is denied, and Defendants motion to vacate the Clerks entry of default as t o Sepiol, ECF No. 26, is granted. Plaintiffs motion to deny or strike Defendants motions, ECF No. 42, is granted in part, and denied in part. Defendants motion to dismiss, ECF No. 12, is granted in part, and denied in part, consistent with the forego ing discussion. Specifically, the motion is denied with respect to: (1) all claims against McGinnis, acting in his individual capacity, (2) the retaliation claim against Sheahan, Chappius, Cieslak, and Kennedy, acting in their individual capacities, and (3) the due process claim against Furman and Hillard. Defendants motion for summary judgment, ECF No. 20, is denied without prejudice so as to allow for the conduct of discovery.The Complaint is dismissed in its entirety, with prejudice, as to Defendants Alves, Annucci, Cassler, Donahue, Gleason, Sepiol, C.O. Sullivan, Captain Sullivan, and Waters. The Clerk is directed to enter judgment for these defendants.. Signed by Hon. Charles J. Siragusa on 1/10/13. (KAP)
|
|
Filing
38
DECISION AND ORDER granting 32 Motion for Reconsideration re 12 MOTION to Dismiss (12(b) Motion) MOTION to Dismiss (12(b) Motion) filed by Paul Chappius, Herbert Williams, Anthony Annucci, Richard A. Donahue, Michael Furman, Kent E. Cassler, Larry C. Gleason, Joseph Cieslak, Donald Selsky, Chris Applewhite, John Alves, Bradley S. Sullivan, Betty Kennedy, Micheal Sheahan, Scott D. Waters, Dale R. Hillard, Jimmie Irizarry, 26 MOTION to Vacate 19 Clerk's Entry of Default (Motion to Vacate Default Judgment) filed by Stanley Sepiol.ORDERED, that Plaintiffs motion (Docket No. 32) for partial reconsideration of the Courts Decision and Order (Docket No. 31) is granted and the Decision and Order is modified to remov e the decretal paragraph stating, ORDERED, that Plaintiffs ex parte request for an extension of time to respond to Defendants motion to dismiss (Docket No. 12) is denied without prejudice to submitting the request on motion as required by Rule 6" ;; and it is furtherORDERED, that Plaintiff shall have until April 23, 2010, to file any responses to Defendants motions to dismiss (Docket No. 12), for summary judgment (Docket No. 20) and motion to vacate the Clerks entry of default (Docket No. 26); and it is furtherORDERED, that the Court will take the pending motions under consideration as submitted on the papers without oral argument.. Signed by Hon. Charles J. Siragusa on 2/19/10. (KAP)
|
|
Filing
36
DECISION AND ORDER denying 34 Motion for injunctive relief; denying 35 Motion for injunctive relief.. Signed by Hon. Charles J. Siragusa on 12/1/09. (KAP)
|
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 Western 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.
