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16-437 - Walker v. Ball et al


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16-437 - Walker v. Ball et al
August 29, 2016
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DECISION AND ORDER: ORDERED that 1. The amended complaint (Dkt. No. 11) is accepted for filing and is the operative pleading in this action; 2. The Clerk of the Court is directed to add R. Ball, Captain, Washington Correctional Facility and A. Rodriguez, Acting Director, NYS DOCCS Appeals Unit, to the docket report as defendants; 3. Defendants St. Johns and Noonan shall file a response to the amended complaint within thirty (30) days of the filing of this Decision and Order; 4. 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 in this action relating to disciplinary sanctions arising out of defendant Ball's December 2015 disciplinary disposition 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; 5. In the event plaintiff fails to timely file the required Peralta waiver, he will be deemed to have refused to waive the claims relating to disciplinary sanctions arising out defendant Ball's December 2015 disciplinary disposition affecting the duration of his confinement (recommended good time loss), and the due process claims relating defendant Ball's December 2015 disciplinary disposition and the appeal to defendant Rodriguez shall be dismissed without prejudice in their entirety; 6. Upon plaintiff's filing of the Peralta Waiver, or at the expiration of thirty days with no Peralta waiver filed, the Clerk shall return this file for further review; 7. Plaintiff's motion for preliminary injunctive relief (Dkt. No. 12) is DENIED; 8. Plaintiff's motion for reconsideration (Dkt. No. 13) is DENIED. Signed by Judge David N. Hurd on 8/29/16. (Wm Noonan answer due 9/29/2016; St. Johns answer due 9/29/2016; Peralta Waiver due 9/29/2016) (served on plaintiff by regular mail) (alh, )
October 31, 2017
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ORDER: ORDERED, that Plaintiff shall, within thirty days of the filing date of this Order, provide the Court and opposing counsel with confirmation in writing of his present address. Plaintiff shall also inform the Court and opposing counsel his intentions with regard to the pending Motion for Summary Judgment and explain why he did not respond to such Motion within the time allotted. ORDERED, that should Plaintiff fail to comply with this Order and confirm his address, the Clerk shall return the matter to the undersigned so that a recommendation of dismissal can be issued for the District Judge's review. Signed by Magistrate Judge Daniel J. Stewart on 10/31/17. ( Notice of Compliance Deadline 12/1/2017) (served on plaintiff at Green Haven Correctional Facility and at 20 Pierce Road, Apt. #60, Newburgh, NY 12550)(alh, )
February 16, 2018
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REPORT-RECOMMENDATION and ORDER: RECOMMENDED, that the case be DISMISSED under FED. R. CIV. P. 41. RECOMMENDED Defendants' Motion for Summary Judgment (Dkt. No. 50) be GRANTED. RECOMMENDED, that the Amended Complaint be DISMISSED in its entirety. Objections to R&R due by 3/5/2018 Case Review Deadline 3/9/2018. Signed by Magistrate Judge Daniel J. Stewart on 2/16/18. (served on plaintiff at Green Haven C.F., 75 Benkard Ave., Apt. 2, Newburgh, New York 12550, and 20 Pierce Road, Apt. # 60, Newburgh, New York 12550 by regular mail)(alh, )
March 20, 2018
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DECISION AND ORDER: The 58 Report-Recommendation is accepted in whole. See 28 U.S.C. ยง 636(b)(1). ORDERED that 1. This action is DISMISSED pursuant to Federal Rule of Civil Procedure 41 for failure to prosecute; and 2. Defendants' 50 motion for summary judgment is DENIED as moot. The Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 3/20/18. (served on plaintiff by regular mail) (alh, )
March 20, 2018
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JUDGMENT entered pursuant to the Decision and Order of the Honorable Judge David N. Hurd, dated this 20th day of March, 2018. (served on plaintiff by regular mail) (alh, )