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11-1237 - Cabassa v. Kilburn


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11-1237 - Cabassa v. Kilburn
October 30, 2012
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REPORT-RECOMMENDATION AND ORDER: 1. RECOMMENDED that defendants' motion to dismiss (Dkt. No. 34) be: A. GRANTED as to the (1) Eleventh Amendment bar to § 1983 claims against all individual defendants in their official capacities and defendant DOCCS; (2) personal involvement defense against Cabassa's § 1983 claims against Patnode; and (3) ADA and Rehabilitation Act claims against defendants Miller and Johnson in their individual capacities. B. DENIED as to the (1) statute of limitations defense against Cabassa's § 1983 claims; (2) personal involvement defense against Cabassa's § 1983 claims against LaValley, Artus, Ezero, Lecuyer, and Miller; (3) Eighth Amendment medical deliberate indifference claims against defendants Blaise, Oshier, Johnson, Lee, Jennette, and Badger; (4) ADA and Rehabilitation Act claims against defendants Miller and Johnson in their official capacities; and (5) First Amendment denial of access to court claims against defendants Oshier, Miller, Maxon, Johnson, and Lecuyer. 2. RECOMMENDED that defendant Patnode be dismissed. 3. RECOMMENDED that the Clerk's Office make necessary changes to the Docket to reflect the actual names of defendants Jennette and Ezero. 4. Further RECOMMENDED that, for the sake of judicial efficiency, the surviving claims and defendants, specifically Cabassa's: A. Eighth Amendment i. Use of force claims against defendants Milburn and John Doe A through F; and ii. Medical deliberate indifference claims against defendants Blaise, Oshier, Johnson, Lee, Badger, Jennette, Miller, Ezero, LaValley, Maxon, John G. Doe, and John H. Doe; and B. First Amendment i. Retaliation claims against defendants Oshier, Miller, Maxon, Johnson, Lecuyer, Ezero, Jennette, Artus, and LaValley; and ii. Denial of access to courts claims against defendants Oshier, Miller, Maxon, Johnson, and Lecuyer; and C. ADA and Rehabilitation Act claims against defendant DOCCS and defendants Miller, Johnson, John G. Doe, and John H. Doe in their official capacities; should be consolidated into an amended complaint, which should contain all relevant facts regarding these claims. (Objections to R&R due by 11/16/2012; Case Review Deadline 11/ 20/2012) Signed by Magistrate Judge Christian F. Hummel on 10/30/2012. (Attachments: # (1) Exhibit(s) McCarroll v FBOP, # (2) Exhibit(s) Doe v Goord) (ptm) (Copy served on plaintiff with exhibits by regular mail) Modified on 10/31/2012 (nas, ).
March 21, 2013
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MEMORANDUM-DECISION AND ORDER: ORDERS that Magistrate Judge Hummel's October 30, 2012 49 Report-Recommendation and Order is ADOPTED in part and REJECTED in part as set forth herein; and the Court further ORDERS that Defendants' 34 motion to dismiss is GRANTED in part and DENIED in part as set forth herein; and the Court further ORDERS that all further pretrial matters are referred to Magistrate Judge Hummel. Signed by U.S. District Judge Mae A. D'Agostino on 3/21/2013. (ptm) (Copy served on plaintiff by regular mail)
April 23, 2014
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ORDER: ORDERED that: 1) The Mandatory Pretrial Discovery and Scheduling Order filed June 17, 2013 (Dkt. No. 54) is amended to the extent that the deadline for the filing of dispositive motions is extended until June 23, 2014; 2) Plaintiff pro se's letter motions (Dkt. Nos. 71, 76) are GRANTED to the extent that defendants will provide plaintiff pro se with copies of any records relating to plaintiff pro se's emergency referral for a mental health evaluation. Defendants shall further provide plaintiff pro se copies of any classification and movement documents relating to plaintiff pro se during the period from May, 2010 to November, 2010. Defendants shall provide any such records by May 19, 2014; 3) Plaintiff pro se's request for copies of inmate rosters and cell locations is DENIED. Discovery in this matter is closed. Signed by Magistrate Judge Christian F. Hummel on 4/23/2014. (ptm) (Copy served on plaintiff by regular mail)
July 13, 2015
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED, that defendants' 93 MOTION for Partial Summary Judgment be granted in part and denied in part as described herein. RECOMMENDED that defendants Oshier, Blaise, Miller, Dr. Maxon, Lecuyer,Badger, Dr. Lee, Ezero, LaValley, Artus, and Dr. Johnson be dismissed from thisaction. ORDERED, that the Clerk's Office make necessary changes to the Docket to reflect the actual name of defendant Kilburn. Objections to R&R due by 7/30/2015 Case Review Deadline 8/3/2015. Signed by Magistrate Judge Christian F. Hummel on 7/13/15. (Attachments: # (1) Unpublished opinions cited) (served on plaintiff by regular mail)(alh, )
August 28, 2015
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MEMORANDUM-DECISION AND ORDER granting 93 Motion for Partial Summary Judgment; adopting in part Report and Recommendations re 100 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge Hummel's July 13, 2015 Report-Recommendation and Order is ADOPTED in part and REJECTED in part as set forth herein; and the Court further ORDERS that Defendants' motion for partial summary judgment is GRANTED; and the Court furtherORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 8/28/2015. [copy mailed to plaintiff 8/28/15] (ban)
February 22, 2016
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TRIAL ORDER: Jury Trial set for 5/24/2016 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Deadlines set herein. Signed by Magistrate Judge Christian F. Hummel on 2/22/16. (served on plaintiff by regular mail)(alh, )
April 28, 2016
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ORDER: ORDERED that the Clerk of the Court issue a Writ of Habeas Corpus Ad Testificandum directing the Superintendent of the above-named facility where said plaintiff is currently housed, or his deputies, to deliver said plaintiff to the Courthouse on the date and time specified above until the completion of this trial. ORDERED that the plaintiff be provided with Court appropriate clothes (khaki and a button down shirt) for the duration of the trial. ORDERED that the plaintiff is to be provided with breakfast and lunch on all trial days. ORDERED that a certified copy of this Order and said Writ be served via email and "certified mail - return receipt requested" upon the Superintendent of the named institution. Signed by Magistrate Judge Christian F. Hummel on 4/27/16. (served on plaintiff by regular mail; CRD served facility by certified mail)(alh, )
April 28, 2016
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ORDER FOR VIDEO DEPOSITION: Participation of Inmate Angel Sardinas, (DIN# 16-A-1483) for a video-taped Deposition is hereby ORDERED. The Deposition is to take place within Downstate Correctional Facility and by video link, on an expedited schedule in relation to the above named case. Signed by Magistrate Judge Christian F. Hummel on 4/27/16. (served on plaintiff by regular mail; CRD served on facility by certified mail)(alh, )
May 3, 2016
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ORDER CANCELLING FOR VIDEO DEPOSITION: The Order directing the participation of Inmate Angel Sardinas, (DIN# 16-A-1483) for a video-taped Deposition, in relation to the above named case, is hereby WITHDRAWN. Signed by Magistrate Judge Christian F. Hummel on 5/3/16. (served on plaintiff by regular mail; CRD served on facility)(alh, )
May 3, 2016
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ORDER: It appearing that a Writ of Habeas Corpus Ad Testificandum be issued to the Superintendent of Downstate Correctional Facility, or his deputies, for ANGEL SARDINAS (DIN # 16-A-1483), a witness in the above-entitled action, who is in their respective custody and charge, to be produced on Tuesday, May 24th, 2016 @ 9:00 AM and each day thereafter, as a witness in the civil jury trial, at the United States Courthouse at 445 Broadway, Courtroom No. 1, Albany, New York, for the purpose of testifying in a trial before the Honorable Christian F. Hummel. ORDERED that the Clerk of the Court issue a Writ of Habeas Corpus Ad Testificandum directing the Superintendent of the above-named facility where said witness is currently housed, or his deputies, to deliver said witness to the Courthouse on the date and time specified above until the completion of his testimony at this trial. ORDERED that the witness be provided with Court appropriate clothes (khaki and a button down shirt) for the duration of his testimony at the trial. ORDERED that the witness is to be provided with breakfast and lunch on all trial testimony days. Signed by Magistrate Judge Christian F. Hummel on 5/3/16. (alh, ) (served on plaintiff by regular mail; served on facility by CRD)