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14-477 - Brooks v. Hogan, et al


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14-477 - Brooks v. Hogan, et al
January 13, 2015
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REPORT-RECOMMENDATION AND ORDER: ORDERED, that Plaintiff's Motion for In Forma Pauperis (Dkt. No. 2) is GRANTED. RECOMMENDED, that Plaintiff's Complaint be partially DISMISSED, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), as to any claims that do not fall within the applicable three-year statute of limitations and that Defendants Richard Miraglia, Terri Maxymillian, Kyle Velte, Charmain Bill, Jennifer Yemma, Antonia Bell, and Daniel Wigginton, be DISMISSED from this action due to Plaintiff's failure to state a claim for relief against them. RECOMMENDED, that Defendants Jerome Allen, Hans Kunz, David Parrish, Laura Creaser-Smith, Nicholas Hollenbeck, Elizabeth Farnum, Michael Hogan, Jeff Nowicki, Anthony Gonzalez, and Donald Sawyer be directed to respond to the Complaint, in accordance with the Federal Rules of Civil Procedure, with regard to Plaintiff's First and Fourteenth Amendment claims of excessive force, retaliation, and failure to train, supervise, and/or protect. RECOMMENDED, that Plaintiff's Motion for a Preliminary Injunction (Dkt. No. 3) be DENIED. ORDERED, that Plaintiff's Motion for Appointment of Counsel (Dkt. No. 4) is DENIED without prejudice. ORDERED, that if the above recommendations are adopted by the District Judge, the Clerk shall be directed to issue Summonses for those remaining Defendants and forward them, along with copies of the Complaint, to the United States Marshal for service upon the Defendants. The Clerk shall also be directed to forward a copy of the Summons and Complaint by mail to the Office of the Attorney General for the State of New York, together with a copy of this Report-Recommendation and Order and any order issued by the District Judge on these recommendations. ( Objections to R&R due by 1/30/2015, Case Review Deadline 2/3/2015). Signed by Magistrate Judge Randolph F. Treece on 1/13/15. (served on plaintiff by regular mail)(alh, )
February 23, 2015
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e with the Federal Rules of Civil Procedure. ORDERED, that the Clerk issue summonses for the remaining Defendants and forward them, along with copies of the Complaint (Dkt. No. 1), to the United States Marshal for service upon those Defendants. The Clerk shall also forward a copy of the summons and Complaint by mail to the Office of the Attorney General for the State of New York, together with a copy of the Report-Recommendation (Dkt. No. 13) and this Decision and Order. Signed by Senior Judge Lawrence E. Kahn on 2/23/15. (served on plaintiff by regular mail) (alh, ) Modified on 3/16/2016 (alh, ).***VACATED PER COURT'S ORDER, DKT. NO. 65***DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 13) is APPROVED and ADOPTED in its entirety. ORDERED, that Plaintiff's Motion (Dkt. No. 3) for a preliminary injunction is DENIED. ORDERED, that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED in part as to all claims that do not fall within the three-year statue of limitations, consistent with the Report-Recommendation (Dkt. No. 13). ORDERED, that Defendants Richard Miraglia, Terri Maxymillian, Kyle Velte, Charmaine Bill, Jennifer Yemma, Antonia Bell, and Daniel Wigginton are DISMISSED. ORDERED, that Defendants Jerome Allen, Hans Kunz, David Parrish, Laura Creaser-Smith, Nicholas Hollenbeck, Elizabeth Farnum, Michael Hogan, Jeff Nowicki, Anthony Gonzalez, and Donald Sawyer shall respond to Plaintiff's First and Fourteenth Amendment claims of excessive force, retaliation, and failure to train, supervise, and/or protect, in accordanc
March 16, 2016
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DECISION AND ORDER: ORDERED, that Plaintiff's Motion (Dkt. No. 28) for reconsideration of the Court's December Order is GRANTED in part and DENIED in part. ORDERED, that the Court's Order (Dkt. No. 17) adopting the Report-Recommendation (Dkt. No. 13) in full is VACATED. ORDERED, that the Report-Recommendation (Dkt. No. 13) is ADOPTED with respect to the Motion (Dkt. No. 3) for preliminary injunction and the claims arising out of the August 18, 2010 retaliation incident, the September 8, 2010 incident, the 2011 disclosure of medical records, and the March 31, 2011 retaliation incident. ORDERED, that the Report-Recommendation (Dkt. No. 13) is REJECTED insofar it recommends dismissing claims arising out of the November 2009 disclosure of medical records and the March 14, 2011 disclosure of medical records. ORDERED, that the Clerk of the Court refer this action to U.S. Magistrate Judge Daniel J. Stewart for an initial review of the November 2009 and March 14, 2011 claims pursuant to 28 U.S.C. §§ 1915 and 1915A and for further proceedings. Signed by Senior Judge Lawrence E. Kahn on 3/15/16. (served on plaintiff by regular mail) (alh, )
March 31, 2016
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DECISION AND ORDER: ORDERED, that Plaintiff's claims for disclosure of medical records in November 2009 and on March 14, 2011 are DISMISSED pursuant to 28 U.S.C. § 1915(e). ORDERED, that Defendants Jerome Allen, David Parrish, Nicholas Hollenbeck, Michael Hogan, Donald Sawyer, Jeff Nowicki, and Anthony Gonzalez's Motion (Dkt. No. 42) is GRANTED in part and DENIED in part. ORDERED, that Defendants Hogan, Sawyer, Nowicki, and Gonzalez are DISMISSED as Defendants in this action. ORDERED, that Defendants Hans Kunz and Elizabeth Farnum's Motion (Dkt. No. 47) to dismiss is GRANTED. ORDERED, that Defendant Laura Smith-Creaser's Motion (Dkt. No. 60) to dismiss is GRANTED. Signed by Senior Judge Lawrence E. Kahn on 3/31/16. (served on plaintiff by regular mail) (alh, )
March 16, 2017
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DECISION AND ORDER: ORDERED, that Plaintiff's Motion for Reconsideration (Dkt. No. 73) is DENIED. Signed by Senior Judge Lawrence E. Kahn on 3/15/17. (served on plaintiff by regular mail)(alh, )
April 4, 2017
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ORDER FOR Telephone Conference: Participation of Charles Brooks (C26223) is hereby ORDERED on Thursday April 20, 2017 at 10:00 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 4/4/17. (served on plaintiff by regular mail; served on facility by CRD)(alh, )
April 26, 2017
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ORDER: ORDERED, that Plaintiff's Motion to Compel (Dkt. No. 87) is GRANTED in part and DENIED in part as stated herein. ORDERED, that on or before May 22, 2017, Defendants shall produce the personnel files of Defendants Allen, Hollenbeck, Kunz, and Parrish to the Court for an in camera review. ORDERED, that all pre-trial deadline have expired and upon compliance with this Order, the case shall be deemed trial ready. Signed by Magistrate Judge Daniel J. Stewart on 4/26/17. (served on plaintiff by regular mail) (alh, )