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15-187 - Girard v. Chuttey et al


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15-187 - Girard v. Chuttey et al
March 4, 2016
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DECISION AND ORDER: ORDERED that plaintiff's Fifth Motion to Amend (Dkt. No. 64) is GRANTED in part and DENIED in part as set forth above. ORDERED that the Clerk of the Court is directed to (i) file the proposed amended complaint (Dkt. No. 64 at 2-10) as the amended complaint in this action; and (ii) revise the docket to add Anthony Annucci, Commissioner; Carl Koenigsman, Medical Deputy; Harold Graham, Superintendent, Auburn Correctional Facility; Cuttle, Captain, Auburn Correctional Facility; Conners, Sergeant, Auburn Correctional Facility; and Jessica Dugan, R.N., Auburn Correctional Facility as defendants. The amended complaint, as modified herein, will supersede and replace the previously filed complaint and will be the operative pleading. ORDERED that the Clerk shall issue summonses for defendants Annucci, Koenigsman, Graham, Conners, and Dugan, and forward them, along with copies of the amended complaint, to the United States Marshal for service upon defendants Annucci, Koenigsman, Graham, Conners, and Dugan. ORDERED that a formal response to plaintiff's amended complaint be filed by defendants Annucci, Koenigsman, Graham, Conners, and Dugan, or their counsel, as provided for in Rule 12 of the Federal Rules of Civil Procedure. ORDERED that defendants Hickey, Venditti, Abate, Thomas, and Gilfus shall file a response to the amended complaint within (30) thirty days of the filing date of this Decision and Order. ORDERED that plaintiff shall advise the Court in writing, within thirty (30) days of the filing date of this Decision and Order, whether he waives for all times all claims against defendant Cuttle in this action relating to disciplinary sanctions affecting the duration of his confinement (recommended good time loss) in order to proceed with his claims challenging the sanctions affecting the conditions of his confinement (i.e., the Peralta Waiver). ORDERED that in the event plaintiff fails to timely file the required Peralta Waiver, he will be deemed to have refused to waive the claims against defendant Cuttle relating to disciplinary sanctions affecting the duration of his confinement (recommended good time loss), and the Fourteenth Amendment due process claims against defendant Cuttle alleged in the amended complaint shall be dismissed without prejudice, without further order of this Court. In that event, defendant Cuttle will also be dismissed from this action without prejudice. ORDERED that upon plaintiff's filing of the Peralta Waiver, the Clerk shall return this file to the Court for further review. ORDERED that plaintiff's First, Second, Third, and Fourth Motions to Amend (Dkt. Nos. 38, 39, 47, and 59) are DENIED. ORDERED that plaintiff's motion for preliminary injunctive relief (Dkt. No. 43) is DENIED. ORDERED that plaintiff's motions for appointment of counsel (Dkt. Nos. 51, 81) are DENIED. ORDERED that the following pretrial deadlines are reset: discovery is due by May 20, 2016, and dispositive motions are to be filed by July 15, 2016. Signed by Senior Judge Thomas J. McAvoy on 3/4/16. (served on plaintiff by regular mail)(alh, )
April 4, 2016
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DECISION AND ORDER: ORDERED that plaintiff is afforded a second (and last) opportunity to file the Peralta Waiver required by the March 2016 Order if he wishes to proceed in this action with his Fourteenth Amendment due process claims against Cuttle challenging the disciplinary sanctions affecting the conditions of his confinement. ORDERED that plaintiff must file his Peralta Waiver within twenty (20) days of the date of this Decision and Order. ORDERED that upon plaintiff's filing of the Peralta Waiver, and in all events, at the expiration of the twenty (20) day period from the filing date of this Decision and Order, the Clerk shall return the file to the Court for further review. Signed by Senior Judge Thomas J. McAvoy on 4/4/16. (served on plaintiff by regular mail)(alh, )
August 3, 2016
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DECISION AND ORDER: ORDERED that the defendant Cuttle, and the Fourteenth Amendment due process claim against him (as set forth in the amended complaint) are DISMISSED from this action without prejudice. Signed by Senior Judge Thomas J. McAvoy on 8/3/16. (served in plaintiff by regular mail)(alh, )
January 25, 2017
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he conference call. Signed by Magistrate Judge Daniel J. Stewart on 1/25/17. (served on plaintiff by regular mail; facility served via email by CRD)(alh, )ORDER for Telephone Conference: Participation of Inmate Chauncey Girard (11-A-1352) is hereby ORDERED on Friday, February 3, 2017 at 9:30 a.m. for a telephone conference to be conducted by Magistrate Judge Daniel J. Stewart. The Court will initiate t
October 18, 2017
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ORDER: As part of the Court's previous comprehensive order, Dkt. No. 188, Counsel for the Defendants was instructed to provide to Chambers the personnel files for Defendants Hickey; Venditti; Abate; Thomas; and Gilfus. Those personnel files have been submitted to the Court. The in camera review of the personnel files of Defendants Hickey; Venditti; Abate; Thomas; and Gilfus did not reveal any relevant information nor impeachment that could be shared with Mr. Girard. The Court directs that the Defendants' Counsel immediately retrieve from the Court's courtroom deputy, Daniel Krug, the personnel files. The Clerk of the Court is directed to mail a copy of this Order to Chauncey Girard at his last known address. Signed by Magistrate Judge Daniel J. Stewart on 10/17/17. (served as directed)(alh, )