Sims v. Ellis et al
Nathaniel Sims |
Andrew Ellis, Robert Mosko, K. Foose, David Wade and Thomas Corey |
6:2015cv06355 |
June 10, 2015 |
US District Court for the Western District of New York |
Rochester Office |
Seneca |
Charles J. Siragusa |
Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
Available Case Documents
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Filing 93 DECISION AND ORDER re 46 MOTION for Summary Judgment filed by David Wade, Robert Mosko, Thomas Corey, 91 Letter filed by David Wade, Robert Mosko, Thomas Corey. ORDERED, that Defendants' motion for clarification [ECF No. 9 1] is granted with respect to the Courts denial of the Defendants' motion for summary judgment on December 21, 2021; and it is furtherORDERED, that Defendants' motion for summary judgment [ECF 46] is denied as moot with respect to Plaintiff s physical assault and sexual assault claims, and is denied on the merits with respect to Plaintiffs failure to protect claim. The parties are directed to contact the Court to schedule a final pre-trial conference on the two remaining claims: sexual assault and failure to protect. Signed by Hon. Charles J. Siragusa on 2/14/22. Copy of this order and NEF mailed to pro se plaintiff at Wolcott Hotel Sit, 4 West 31st Street, New York, NY 10001 (KAP) |
Filing 65 DECISION AND ORDER re 46 MOTION for Summary Judgment filed by David Wade, Robert Mosko, Thomas Corey, 58 MOTION for Miscellaneous Relief filed by Nathaniel Sims, 57 MOTION for Sanctions (Rule 11) filed by David Wade , Robert Mosko, Thomas Corey. Because a decision on the exhaustion issue must necessarily precede any further action in this case, the Court will conduct an evidentiary hearing on that issue to determine whether the claims in the complaint have bee n exhausted as required by federal and state law. By separate order, the Court will set a date for the hearing, which it intends to conduct via video conference with Plaintiff, and with Defendants counsel in the courtroom. Thereafter, the Court will decide the pending sanction motions. Signed by Hon. Charles J. Siragusa on 10/4/19. Copy of this NEF and decision and order mailed to pro se plaintiff at Marcy. (KAP) |
Filing 20 -CLERK TO FOLLOW UP-DECISION AND ORDER granting in part and denying in part 12 Motion to Dismiss; denying 19 Motion to Compel. ORDERED, that Plaintiffs in forma pauperis status is revoked; and it is furtherORDERED, that Plaintiff shall have unt il March 30, 2016, to pay the full filing fee of $400.00 to the Clerk of Court, 2120 Kenneth B. Keating Federal Building, 100 State Street, Rochester, NY 14614; and it is furtherORDERED, that Plaintiffs failure to pay the filing fee shall result in dismissal of this case without prejudice and without further order of the Court; and it is furtherORDERED, that Plaintiffs application for an order compelling discovery, ECF No. 19, is denied without prejudice to renewal at an appropriate time.Signed by Hon. Charles J. Siragusa on 3/2/16. Copy of this Decision and Order and the NEF mailed to pro se plaintiff at Marcy Correctional Facility. (KAP) |
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