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15-1437 - Zimmerman et al v. Todd et al


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15-1437 - Zimmerman et al v. Todd et al
July 8, 2014
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ORDER that within 30 days of the filing date of this Order, each plaintiff shall submit a motion requesting that he or she be permitted to proceed in forma pauperis or pay the filing fee of $350.00 and an administrative fee of $50.00; that plaintiff Nicholas Zimmerman must within 30 days of the filing date of this Order, also include with his motion to proceed in forma pauperis a Prison Certification; that plaintiffs Willis, Pinckey, Mojica, Mieczkowski, DiCola, Barrett, Berndt and Stevens must within 30 days of the filing date of this Order, provide their original signatures on a copy of the complaint; that the Clerk of Court is directed to send to all plaintiffs a form motion to proceed in forma pauperis, and Prison Authorization form to plaintiff Nicholas Zimmerman and a copy of the complaint; if plaintiff fails to comply with the terms of this Order, the claims purported to be asserted by him or her in this action will be dismissed without prejudice without further order of the Court.. Signed by Hon. Richard J. Arcara on 07/07/14. (SG) [Transferred from New York Western on 12/3/2015.]
December 1, 2014
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ORDER, terminating plaintiffs Vickie DiCola, Sharlyne Gooding, Tomasz Miezkowski, Melissa Mojica, Amy Pinchney, Charity Powers-Stover, Desiray Smith, Crystal Stevens, Carol Willis, James Willis, Kristine Barrett and Jodi Berndt; case shall be administratively terminated; remaining plaintiff Zimmerman is granted leave to move to re-open within 30 days; upon plaintiff's submission of either a signed prison authorization and a motion to proceed in forma pauperis that includes a completed and signed Prison Certification or the $350.00 filing fee and $50.00 adminstrative fee, the Clerk of Court shall re-open the case. Signed by Hon. Richard J. Arcara on 11/25/14. (SG) [Transferred from New York Western on 12/3/2015.]
December 16, 2015
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DECISION AND ORDER: ORDERED, that the Clerk shall terminate the following individuals as Defendants in this action: T. Strabel, Emilia A. Rutigliano, Scott Clair, Richard Pautz, L. Pearl, D. Borawski, Paul Chappius, Dolce, Lisa Trapazzo, Vernon Fonda, Catherine Massari, Robinson, James Morgan, Anthony Annucci, Albert Prack, Karen Bellamy, Kenneth S. Perlman, Brown, J. Prusak, J. Noeth, W. Murray, O'Connell, Willey, Carol Krauss, D. O'Connor, James Conway, Mark L. Bradt, Bartella, Bauer, Condone, Hembroke, Hartman, N. Web, Mezydlo, George Strubel, Loverde,Shepanski, Olles, and Whiteford. ORDERED, that the Clerk shall strike from the docket of the Northern District action the submissions filed at docket entry numbers 18-22, because those submissions relate only to the Attica claims that were retained by the Western District of New York and the proceedings in that District. Signed by Senior Judge Lawrence E. Kahn on 12/16/15. (served on plaintiff by regular mail)(alh, )
May 2, 2016
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***VACATED PER TEXT ORDER DATED 5/9/16*** JUDGMENT entered pursuant to the Decision and Order dated January 29, 2016 and the Text Order filed March 7, 2016, of the Honorable Senior Judge Lawrence E. Kahn. (served on plaintiff by regular mail) (alh, ) Modified on 5/9/2016 (alh, ).
July 8, 2016
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lerk add "T. Todd, Assistant Inspector General," as a defendant in this action. ORDERED, that Plaintiff's First and Eighth Amendment claims against defendants Todd, Wolczyk, Graham, and Bezio arising out of the disciplinary proceeding survive the Court's sua sponte review pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b) and require a response. ORDERED, that if Plaintiff wants to proceed with his Fourteenth Amendment due process claims against defendants Wolczyk, Graham, and Bezio challenging the disciplinary sanctions imposed at the July Hearing affecting the conditions of his confinement, he must submit the required Peralta Waiver within thirty (30) days advising that he waives for all time all claims in this action relating to disciplinary sanctions affecting the duration of his confinement (i.e., the recommended loss of good time). ORDERED, that in the event Plaintiff fails to file the Peralta Waiver within thirty (30) days of the filing date of this Decision and Order, he will be deemed to have refused to waive the claims relating to disciplinary sanctions affecting the duration of his confinement arising from the July Hearing, and Plaintiff's due process claims against defendants Wolczyk, Graham, and Bezio shall, without further order of the Court, be DISMISSED without prejudice. ORDERED, that upon Plaintiff's filing of the required Peralta Waiver and, in all events, no later than thirty (30) days after the filing dDECISION AND ORDER: ORDERED, that Plaintiff's Motion (Dkt. No. 31) seeking reconsideration of the January Order is DENIED. ORDERED, that the Amended Complaint (Dkt. No. 30) is ACCEPTED for filing insofar as Plaintiff asserts claims on his own behalf arising out of his confinement at Auburn Correctional Facility against defendants Todd, Wolczyk, Graham, Bezio, Wosneski, Strickland, Iqbal, Valla, Henderson, Bordonaro, Berns, Widroff, Hernandez, Kaplan, and Devito. ORDERED, that the Cate of this Decision and Order, the Clerk shall return the file to the Court for review and for issuance of an order directing service of process on the remaining defendants. ORDERED, that Plaintiff's remaining claims are dismissed in accordance with 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim upon which relief may be granted. ORDERED, that the Clerk shall terminate Wosneski, Strickland, Iqbal, Valla, Henderson, Bordonaro, Berns, Widroff, Hernandez, Kaplan, and Devito as defendants in this action. Signed by Senior Judge Lawrence E. Kahn on 7/7/16. (served on plaintiff by regular mail)(alh, )
October 17, 2016
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linary hearing that affect the duration of his confinement (i.e., the recommended loss of good time) are DISMISSED. ORDERED, that the Clerk of the Court shall issue summonses and forward them to the U.S. Marshal for service ofprocess on the remaining defendants (Todd, Wolczyk, Graham, and Bezio). ORDERED, that the Clerk shall forward a copy of the summons and Amended Complaint (Dkt. No. 30) by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. ORDERED, that Defendants, or their counsel, shall file a response to the Amended Complaint as provided for in the Federal Rules of Civil Procedure. ORDERED, that Plaintiff's Reconsideration Motion (Dkt. No. 41) is DENIED. Signed bDECISION AND ORDER: ORDERED, that in accordance with Plaintiff's Peralta Waiver (Dkt. No. 40), the due process claims against defendants Wolczyk, Graham, and Bezio relating to disciplinary sanctions imposed on Plaintiff at the July 2009 discipy Senior Judge Lawrence E. Kahn on 10/17/16. (served on plaintiff by regular mail) (alh, )
August 30, 2018
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REPORT AND RECOMMENDATION: RECOMMENDED that plaintiff's motion for summary judgment (Dkt. No. 57) be DENIED, defendants' motion (Dkt. No. 66) be GRANTED, and plaintiff's amended complaint be DISMISSED in its entirety. Objections to R&R due by 9/17/2018 Case Review Deadline 9/20/2018. Signed by Magistrate Judge David E. Peebles on 8/30/18. (served on plaintiff by regular mail)(alh, )
September 28, 2018
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***VACATED BY TEXT ORDER OF 11/13/18 - DKT. NO. 80***ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 76) is APPROVED and ADOPTED in its entirety. ORDERED, that Plaintiff's Summary Judgment Motion (Dkt. No. 57) is DENIED; Defendants' Summary Judgment Motion (Dkt. No. 66) is GRANTED; and the Amended Complaint (Dkt. No. 30) is DISMISSED in its entirety. Signed by Senior Judge Lawrence E. Kahn on 9/28/18. (served on plaintiff by regular mail) (alh, ) Modified on 11/13/2018 (nas, ).