McFadden v. Annucci et al
| Reginald McFadden |
| Anthony J. Annucci, Jr., Maureen Boll, Jeff McKoy, Joseph Bellnier, Daniel Mastrucello, Carl J. Koenigsmann, Donald Venettozzi, Lucy Buther, Vernon Fonda, William Canfield, James Rao, S. Lasheski, Dale Artus, Joseph Noeth, Deborah Graf, Debra Bonning, Alicia Schunk, J Donahue, Eric Schuessler, J. Chishalon, J. Cross, Jane Doe, Helen D. Foster, Eric Schneiderman, Peter Bogarak, Joseph Gullo, Richard Daines, S Michalek, Thomas Bellein and D. Prichard |
| 6:2016cv06105 |
| February 22, 2016 |
| US District Court for the Western District of New York |
| Rochester Office |
| XX US, Outside State |
| Frank P. Geraci |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
208
DECISION & ORDER McFadden's motions for recusal and to compel 187 , 207 are denied. McFadden's motions relating to the adequacy of defendants' interrogatory responses 197 , 201 are granted in part and denied in part. Specificall y, defendants Chudzik and Morley are directed to serve properly-sworn supplemental interrogatory responses by no later than December 9, 2022. McFadden's motion for service 197 is granted in part and denied in part. Defendants are dire cted to ascertain the proper address for service on defendant J. Gullo, pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d. Cir. 1997) (per curiam), and to provide that information to the Court by no later than December 9, 2022. A dditionally, the Clerk of the Court is directed to cause the United States Marshal to serve a summons, the Fourth Amended Complaint 71 , and a copy of this Decision and Order on defendant Barham without McFadden's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in McFadden's favor, and defendant Barham is directed, pursuant to 42 U.S.C. § 1997e(g)(2), to answer the Fourth Amended Complaint.McFadden's motion to amend 192 is res erved. Pending determination of the motion, the non-expired deadlines contained in this Court's Scheduling Order 177 shall be stayed, and the parties shall not file any motions or requests for relief in this matter, except for motions or reque sts for preliminary or emergency injunctive relief under Rule 65 of the Federal Rules of Civil Procedure or any motion seeking review of this Decision and Order. Signed by Hon. Marian W. Payson on 11/22/2022. (KAH)This was mailed to: Plaintiff Reginald Ghaffaar McFadden.
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Filing
175
DECISION & ORDER McFadden's motion 172 for reconsideration of this Court's Decision & Order denying appointment of counsel 145 is denied without prejudice at this time. It is McFadden's responsibility to retain an attorney or cont inue with this lawsuit pro se. 28 U.S.C. § 1654. Signed by Hon. Marian W. Payson on 5/2/2022. A copy of this Decision & Order was sent by Federal Express Priority Overnight on 5/2/2022 to plaintiff Reginald Ghaffaar McFadden at Wendy Correctional Facility. (KAH)
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Filing
145
DECISION & ORDER McFadden's request for the appointment of counsel 135 is denied without prejudice at this time. It is McFadden's responsibility to retain an attorney or continue with this lawsuit pro se. 28 U.S.C. § 1654. Signed by Hon. Marian W. Payson on 2/4/2022. A copy of this Decision & Order sent by First Class Mail to plaintiff Reginald Ghaffaar McFadden on 2/4/2022 to his address of record. (KAH)
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Filing
107
DECISION & ORDER granting in part and denying in part 80 Motion to Amend or Correct; granting in part and denying in part 85 Motion; denying 90 Motion to Substitute Party; granting in part and denying in part 98 Motion to Compel. SO OR DERED. Signed by Hon. Frank P. Geraci, Jr. on 9/14/21. Decision & Order and NEF mailed to pro se Plaintiff. (BJJ)-CLERK TO FOLLOW UP-The Clerk shall terminate defendants, add defendants, and amend the caption as set forth in the Order section of the Decision & Order.
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Filing
57
DECISION AND ORDER: Defendants' Motion 48 is GRANTED IN PART and DENIED IN PART. Specifically, the Court REVOKES Plaintiff's IFP status and he has until March 29, 2019 to pay the $400.00 in filing fees. If Plaintiff does not pay th e filing fees by that date, the Third Amended Complaint will be dismissed without prejudice under 28 U.S.C. § 1915(g) and the Clerk of Court will terminate this action without further order. Defendants may renew their Motion to Dismiss if Plain tiff pays the filing fees as directed. Plaintiff's Motion to Consolidate 56 is DENIED.SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/22/2019. A copy of this NEF and Decision and Order have been mailed to the pro se Plaintiff. (AFM)-CLERK TO FOLLOW UP-
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Filing
55
DECISION AND ORDER: Plaintiff's 43 request for reconsideration of the Court's 40 June 5, 2018 Order is DENIED. SO ORDERED. A copy of this NEF and Decision and Order have been mailed to the pro se Plaintiff. Signed by Hon. Frank P. Geraci, Jr. on 11/26/2018. (AFM)
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Filing
28
DECISION AND ORDER. Plaintiff's Motion to Amend/Correct 22 insofar as it requests to file a proper motion to amend the Second Amended Complaint is GRANTED, but insofar as it fails to comply with Local Rule 15(a), it is DENIED. Plaintiff must file a motion to amend the Second Amended Complaint by November 28, 2017. Plaintiff's Motion to Amend/Correct 22 insofar as it requests a preliminary injunction is DENIED. Plaintiff's Motion to Consolidate 16 and his Motion to Appoint Counsel 24 are DENIED. SO ORDERED. A Copy of this NEF and Order have been mailed to the pro se Plaintiff. Signed by Hon. Frank P. Geraci, Jr. on 9/27/2017. (AFM)
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Filing
17
DECISION AND ORDER DENYING 3 Motion for Permanent Injunction; DENYING 8 Motion for Preliminary Injunction; and DENYING 14 Motion for Reconsideration. Several of Plaintiff's claims are dismissed with prejudice, and the Clerk of Court is directed to terminate defendants William Canfield, S. Lasheski, J. Chisalon (Chisholm), Governor Andrew Cuomo, Eric Schneiderman, Thomas Bellein (Beilein), Helen Foster, and Jane Doe, PL-ACF, as parties to this action. Plaintiff is granted leave to file a second amended complaint only as directed by this Order by November 4, 2016. If Plaintiff fails to file a second amended complaint as directed by November 4, 2016, several other claims and Defendants, as specified, will also be dismissed. Th e Clerk of Court is directed to send to Plaintiff with this Order a copy of the Amended Complaint, a blank § 1983 complaint form that Plaintiff may use for a second amended complaint, and the instructions for preparing an amended complaint. The Clerk of Court shall also amend the Caption of this action to add R. Roemesser, Inmate Assistant, Attica Correctional Facility as a Defendant, and the Clerk of Court shall also email a copy of this Order to Michael Russo, Assistant Attorney General in Charge, Buffalo Regional Office.SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/30/16. (SCE)
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