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15-241 - McMillian v. Graham et al


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15-241 - McMillian v. Graham et al
March 2, 2016
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DECISION AND ORDER: ORDERED that plaintiff's motion for preliminary injunctive relief (Dkt. No. 53) is DENIED. Signed by Chief Judge Glenn T. Suddaby on 3/2/16. (served on plaintiff with dkt. nos. 2, 15, and docket report by regular mail) (alh, )
October 25, 2016
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DECISION AND ORDER: ORDERED that defendant's motion (Dkt. No. 78) for consolidation of the present case with McMillian II is GRANTED. ORDERED that this action be consolidated, for all purposes, with McMillian v. Ramsey ("McMillian II"), No. 9:15-CV-1303, for all further proceedings. This present action shall be designated as the Lead Case, and McMillian II shall be designated as the Member Case. ALL FUTURE SUBMISSIONS SHALL NOW BE FILED IN THE LEAD CASE ONLY. Except as ordered herein below, there shall be no further filings in the Member Case. The Clerk is ordered to correct the dockets to reflect this consolidation. ORDERED that the Clerk shall reassign McMillian II to the undersigned as presiding District Judge and to the Honorable Daniel J. Steward as presiding Magistrate Judge. ORDERED that the Clerk of the Court place a copy of this Decision and Order in the file of McMillian II. ORDERED that the Clerk of the Court shall make copies of the Complaint and the Answer from McMillian II and shall docket them respectively as the Consolidated Complaint and the Consolidated Answer in this, the Lead Case. ORDERED that the Clerk of the Court shall edit the docket in the Lead Case to include the following additional defendants: (1) Correction Officer Ramsey and (2) Daniel Walters, also known as Correction Officer Walter, formerly known as Walter Doe. ORDERED that plaintiff's motions for preliminary injunctive relief (Dkt. Nos. 84, 87) are DENIED. ORDERED that the Clerk shall refer this consolidated action to the assigned Magistrate Judge to reset the relevant pretrial deadlines. Signed by Chief Judge Glenn T. Suddaby on 10/25/16. (served on plaintiff by regular mail)(alh, )
December 13, 2016
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DECISION AND ORDER: ORDERED that plaintiff's motion for preliminary injunctive relief (Dkt. No. 92) is DENIED. Signed by Chief Judge Glenn T. Suddaby on 12/13/16. (Copy served via regular mail on plaintiff)(alh, )
September 6, 2017
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DECISION AND ORDER: ORDERED that plaintiff's motions for preliminary injunctive relief (Dkt. Nos. 109, 110, 112, and 113) are DENIED. Signed by Chief Judge Glenn T. Suddaby on 9/6/17. (served on plaintiff by regular mail) (alh, )
October 31, 2017
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DECISION AND ORDER: ORDERED that defendants' motion to strike (Dkt. No. 120) is DENIED. ORDERED that plaintiff's motions for preliminary injunctive relief (Dkt. Nos. 118, 119, and 121) are DENIED. Signed by Chief Judge Glenn T. Suddaby on 10/31/17. (served on plaintiff by regular mail) (alh, )
November 1, 2017
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by Magistrate Judge Daniel J. Stewart on 11/1/17. (served on plaintiff by regular mail)(alh, )REPORT-RECOMMENDATION AND ORDER: RECOMMENDED, that Defendants' Motion for Summary Judgment (Dkt. No. 103) be GRANTED and this consolidated action be DISMISSED. Objections to R&R due by 11/20/2017 Case Review Deadline 11/22/2017. Signed
February 9, 2018
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DECISION AND ORDER AND ORDER TO SHOW CAUSE: ORDERED that Magistrate Judge Stewart's Report-Recommendation (Dkt. No. 125) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion for summary judgment (Dkt. No. 103) is GRANTED. ORDERED that Plaintiff's Complaints in these consolidated actions are DISMISSED for failure to exhaust his available administrative remedies pursuant to the Prisoner Litigation Reform Act. ORDERED that Plaintiff's six motions for a Temporary Restraining Order or Preliminary Injunction (Dkt. Nos. 127, 128, 129, 130, 131, 132) are DENIED as moot. ORDERED that Plaintiff shall, within FOURTEEN (14) DAYS of the date of this Order, show cause, in writing, why he should not be enjoined from filing any future pleadings or documents of any kind (including motions) in the Northern District of New York pro se without prior permission of the Chief Judge or his or her designee (except pleadings or documents in the case that is currently pending before District Judge D'Agostino, McMillian v. Walters, 9:16-CV-0277, until that case is closed); The Clerk of the Court is directed to open a new pre-filing case number 9:18-pf-2 and file a copy of this Decision and Order in that pre-filing case. Plaintiff's response to this Order to Show Cause shall be filed in case number 9:18-pf-2. ORDERED that, if Plaintiff does not fully comply with this Order to Show Cause, the Court will issue a subsequent order, without further explanation, permanently so enjoining Plaintiff. Signed by Chief Judge Glenn T. Suddaby on 2/9/18. (served on plaintiff by regular and certified mail) (alh, )
February 9, 2018
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JUDGMENT entered pursuant to the Decision and Order and Order to Show Cause of the Honorable Chief Judge Glenn T. Suddaby, dated the 9th day of February, 2018. (served on plaintiff by regular and certified mail) (alh, )