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13-1538 - McGinnis v. Crissell et al


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13-1538 - McGinnis v. Crissell et al
October 8, 2015
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DECISION AND ORDER: ORDERED, that Plaintiff's Motion (Dkt. No. 81) for preliminary injunctive relief is DENIED with leave to renew. Signed by Senior Judge Lawrence E. Kahn on 10/8/15. (served on plaintiff by regular mail) (alh, )
December 30, 2015
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DECISION AND ORDER: ORDERED, that Plaintiff's Motion (Dkt. No. 129) for reconsideration is DENIED. Signed by Senior Judge Lawrence E. Kahn on 12/30/15. (served on plaintiff by regular mail) (alh, )
June 8, 2016
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DECISION AND ORDER: ORDERED, that the Clerk of the Court is directed to amend the docket in accordance with this Order. ORDERED, that Defendant Brown's Motion (Dkt. No. 134) to dismiss is GRANTED. ORDERED, that Brown is DISMISSED as a Defendant in this action. ORDERED that Plaintiff's Motion (Dkt. No. 152) for sanctions is DENIED. ORDERED that Plaintiff's Motion (Dkt. Nos. 149; 151) for an extension of time to conduct discovery is DENIED. ORDERED, that Plaintiff's Motion (Dkt. No. 152) for service is DENIED. ORDERED, that Sheriff Harder be added as a Defendant to this action for the sole purpose of permitting service and discovery. ORDERED, that the Clerk shall issue a summons for Defendant Harder and forward it, along with copies of the Third Amended Complaint, to the United States Marshal for service upon Harder. The Clerk shall forward a copy of the Summons and Third Amended Complaint to the Office of the County Attorney for Broome County, together with a copy of this Decision and Order. ORDERED, that upon the proper identification of and service of process upon Defendants, a response to the Plaintiff's Third Amended Complaint be filed by Defendants, or their counsel, as provided for in the Federal Rules of Civil Procedure. ORDERED, that Plaintiff continue to take reasonable steps to ascertain the identity of Defendants. Plaintiff's failure to ascertain the identity of Defendants will result in the dismissal of this action. Signed by Senior Judge Lawrence E. Kahn on 6/7/16. (served on plaintiff by regular mail) (alh, )
December 19, 2016
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ORDER FOR TELEPHONE CONFERENCE: Participation of Inmate Jermaine McGinnis (12-B-2343) is hereby ORDERED on Wednesday, January 11, 2017 at 9:30 a.m. for a telephone conference to be conducted by Magistrate Judge Daniel J. Stewart. The Court will initiate the conference call. Signed by Magistrate Judge Daniel J. Stewart on 12/19/16. (served on plaintiff by regular mail; served on facility via facsimile by CRD)(alh, )
January 25, 2017
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ORDER for Telephone Conference: Participation of Inmate Jermaine McGinnis (12-B-2343) is hereby ORDERED on Tuesday, February 7, 2017 at 9:30 a.m. for a telephone conference to be conducted by Magistrate Judge Daniel J. Stewart. The Court will initiate the conference call. Signed by Magistrate Judge Daniel J. Stewart on 1/25/17. (served on plaintiff by regular mail; served on facility via email by CRD)(alh, )
February 7, 2017
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ORDER for Telephone Conference: Participation of Inmate Jermaine McGinnis (12-B-2343) is hereby ORDERED on Tuesday, February 21, 2017 at 9:30 a.m. for a telephone conference to be conducted by Magistrate Judge Daniel J. Stewart. The Court will initiate the conference call. Signed by Magistrate Judge Daniel J. Stewart on 2/7/17. (served on plaintiff by regular mail; CRD has emailed the facility)(alh, )
March 8, 2017
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ORDER: ORDERED, that the Docket Report shall be amended to reflect the correct name of Defendant "Steven Phillips" as "Phillip Stephens," and any references to the former in the Third Amended Complaint shall be construed as a reference to the latter. ORDERED, that the Clerk of the Court shall issue a Summons for Phillip Stephens and forward it, along with a copy of the Third Amended Complaint and this Order, to the Office of the County Attorney for Broome County, located at 60 Hawley Street, P.O. Box 1766, Binghamton, N.Y. 13902. ORDERED, that a response to Plaintiff's Third Amended Complaint shall be filed by Defendant Stephens or his counsel in accordance with the Federal Rules of Civil Procedure. ORDERED, that the Clerk of the Court shall terminate Sheriff Harder from this action. ORDERED, that as to all other unserved Defendants, Plaintiff must continue to take reasonable steps to ascertain the identity of the other Defendants, including the proper name for the Nurse whom he encountered, as well as the Doe Defendants. Plaintiff's failure to ascertain the unserved Defendants' identities will result in the dismissal of the claims against them. Signed by Magistrate Judge Daniel J. Stewart on 3/8/17. (served on plaintiff by regular mail)(alh, )
May 1, 2017
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ORDER: In response to the Court's Order to produce Defendant Jonathan Crissell's personnel file for an in camera inspection, see Dkt. No. 203 at p. 3, Counsel for the Defendants has delivered to Chambers the complete bates-stamped file. The in camera review of the personnel file disclosed only limited information that may be relevant to Plaintiff's claims, or the Defendants' defenses. Those relevant portions are as follows: pp. 41-44; 55-58; and 61-64. When retrieving the personnel file, Defendants' Counsel shall make a copy of the twelve (12) pages from the personnel file which have been identified by the Court, and provide a copy to the Plaintiff at his last known address. The Court further directs that the Defendants' Counsel immediately retrieve from the Court's courtroom deputy, Maria Blunt, the Crissell personnel file. Signed by Magistrate Judge Daniel J. Stewart on 5/1/17. (served on plaintiff by regular mail at his last known address)(alh, )
September 29, 2017
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AMENDED DECISION AND ORDER: ORDERED, that Plaintiff's Appeal (Dkt. No. 210) is DENIED. Signed by Senior Judge Lawrence E. Kahn on 9/29/17. (served on plaintiff by regular mail)(alh, )
April 18, 2018
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED, that Defendants' Motions for Summary Judgment (Dkt. No. 245) be DENIED. RECOMMENDED, that an evidentiary hearing be held regarding whether Plaintiff exhausted his administrative remedies. Objections to R&R due by 5/7/2018 Case Review Deadline 5/9/2018. Signed by Magistrate Judge Daniel J. Stewart on 4/18/18. {r&r served via regular mail and via certified mail on plaintiff}(nas, )
August 20, 2018
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DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 268) is APPROVED and ADOPTED in its entirety. Magistrate Judge Stewart is directed to conduct an evidentiary hearing regarding whether Plaintiff exhausted his administrative remedies, and to appoint counsel for Plaintiff to represent him during the hearing. ORDERED, that Defendants' Motion for Summary Judgment (Dkt. No. 245) is DENIED. Signed by Senior Judge Lawrence E. Kahn on 8/20/18. (served on plaintiff by regular mail)(alh, )