| Court: | nynd |
| Docket #: | 9:81-cv-01362 |
| Case Name: | Hurley, et al v. Henderson, et al |
| PACER case #: | 51933 |
| Date filed: | 1981-12-18 |
| Date terminated: | 2000-02-15 |
| Assigned to: | Senior Judge Howard G. Munson |
| Referred to: | Magistrate Judge Gustave J. DiBianco |
| Case Cause: | 42:1983 Prisoner Civil Rights |
| Nature of Suit: | 550 Prisoner: Civil Rights |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Michael X. Hurley Plaintiff |
Michael X. Hurley |
| James Singletary Plaintiff |
James Singletary |
| Robert J. Henderson Defendant Warden of Auburn Prison |
Daniel L. Saxe Steven H. Schwartz |
| John Miskell Defendant Deputy Warden of Programs at Auburn Prison |
Daniel L. Saxe Steven H. Schwartz |
| David Hood Defendant Deputy Warden of Security at Auburn Prison |
Daniel L. Saxe Steven H. Schwartz |
| Charles E. Connors Defendant Lieutenant at Auburn Prison |
Daniel L. Saxe Steven H. Schwartz |
| Edward Dann Defendant Sergeant at Auburn Prison |
Daniel L. Saxe Steven H. Schwartz |
| John Butera Defendant |
Daniel L. Saxe Steven H. Schwartz |
| George Rosa Defendant |
Daniel L. Saxe Steven H. Schwartz |
| Lester Pratt Defendant |
Daniel L. Saxe Steven H. Schwartz |
| J. Owen Defendant |
Daniel L. Saxe Steven H. Schwartz |
| Steve Dennis Defendant |
Daniel L. Saxe Steven H. Schwartz |
| J. D. Cowen Defendant Prison Guards at Auburn Prison |
Daniel L. Saxe Steven H. Schwartz |
| Richard Hongisto Defendant Commissioner of the Department of Correctional Services; Individually and in their official capacities |
Daniel L. Saxe Steven H. Schwartz |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1981-12-18 | 1 | 0 | Civil Rights COMPLAINT; (plp) (Entered: 01/29/1992) | |||
| 1981-12-18 | 2 | 0 | ORDER of Mag Conan (12/16/81) granting Pauperis status ; Clerk shall issue summons and complaint to the Marshal for service upon named defts without fee. Clerk shall also serve a summons and complaint by mail upon the State Atty General together with a copy of this order. Clerk shall also serve a copy of this order by certified mail upon the plaintiffs, etc. (plp) (Entered: 01/29/1992) | |||
| 1982-03-01 | 7 | 0 | ANSWER to Complaint by Robert J. Henderson, John Miskell, David Hood, Charles E. Connors, Edward Dann, John Butera, George Rosa, Lester Pratt, J. Owen, Steve Dennis, J. D. Cowen, Richard Hongisto (Attorney Daniel L. Saxe), (plp) (Entered: 01/29/1992) | |||
| 1982-03-12 | 8 | 0 | Pltf Hurley's Reply (plp) (Entered: 01/29/1992) | |||
| 1983-06-16 | 11 | 0 | Summons returned unexecuted as to John Miskell, George Rosa, Steve Dennis, Richard Hongisto (plp) (Entered: 01/29/1992) | |||
| 1984-03-23 | 17 | 0 | ORDER of Judge Port dd 3/21/84 that R-R is accepted and adopted , Pltfs motion for Summary Judgment is DENIED , the matter is remanded to the Mag for all further proceedings , Clerk directed to forward copy of Local Rules to Pltf Hurley ; directions to Clerk complied with. (plp) (Entered: 01/29/1992) | |||
| 1985-05-28 | 20 | 0 | REPORT AND RECOMMENDATIONS of Mag Conan dd 5/22/85 (plp) (Entered: 01/29/1992) | |||
| 1985-06-24 | 26 | 0 | ORDER of Judge Port dd 6/21/85 R-R is accepted and adopted , motion of pltf Hurley for S.J. is denied (plp) (Entered: 01/29/1992) | |||
| 1992-01-15 | 37 | 0 | Notice to Parties that the above-entitled matter is subject to being dismissed pursuant to Rule 11 of the ND/NY as no action has been taken to prosecute this lawsuit within the last year. (plp) (Entered: 01/29/1992) | |||
| 1993-04-27 | 38 | 0 | ORDER, for Final Pre-trial conference to be held by phone or in person after all motions have been decided - if scheduled for trial , reset Discovery deadline to 7/26/93 , reset Motion Filing deadline to 9/3/93 . Form,Consent to proceed before a US Mag. Judge, forwarded to each counsel. ( signed by Magistrate Judge Gustave J. DiBianco ) (fce) (Entered: 04/28/1993) | |||
| 1994-01-05 | 39 | 0 | MAGISTRATE JUDGE'S FINAL PRETRIAL ORDER, Telephone settlement conference may be conducted w/the court through 1/25/94. filing deadline of the Expert Witness List and Exhibit List w/the court is 2/14/94 ( signed by Magistrate Judge Gustave J. DiBianco on 1/5/94 ) (fce) (Entered: 01/06/1994) | |||
| 1994-01-10 | 40 | 0 | Copy of Mag. Judge's Final Pretrial Order, dated 1/5/94, was returned by the Post Office as undeliverable. (fce) (Entered: 01/10/1994) | |||
| 1994-08-26 | 41 | 0 | ORDER, fl Final Pretrial Order Deadlines: , term terminated deadlines ( signed by Magistrate Judge Gustave J. DiBianco ) (fce) (Entered: 08/29/1994) | |||
| 1994-08-29 | 42 | 0 | Copy of letter sent to James Singletary, on 8/24/94, from the Court, was returned by the Post Office as undeliverable. (fce) (Entered: 08/30/1994) | |||
| 1994-09-09 | 43 | 0 | Letter from pltf. advising the court of his change of address to the following: Box 500 (72-B-89) Elimir, New York 14902. (fce) (Entered: 09/12/1994) | |||
| 1994-09-16 | 44 | 0 | REQUEST by AAG Schwartz dtd 9/14/94 and ORDER, extending time to comply w/Pretrial Order until 11/23/94 (signed by Magistrate Judge Gustave J. DiBianco on 9/16/94) (fce) (Entered: 09/16/1994) | |||
| 1994-09-22 | 45 | 0 | UNDELIVERED LETTER/ORDER dtd 9/16/94 to James Singletary. (dmf) (Entered: 09/22/1994) | |||
| 1994-10-13 | 46 | 0 | Witness list by Robert J. Henderson, John Miskell, David Hood, Charles E. Connors, Edward Dann, John Butera, George Rosa, Lester Pratt, J. Owen, Steve Dennis, J. D. Cowen, Richard Hongisto (fce) (Entered: 10/13/1994) | |||
| 1994-10-13 | 47 | 0 | Exhibit list by Robert J. Henderson, John Miskell, David Hood, Charles E. Connors, Edward Dann, John Butera, George Rosa, Lester Pratt, J. Owen, Steve Dennis, J. D. Cowen, Richard Hongisto (fce) (Entered: 10/13/1994) | |||
| 1994-10-14 | 48 | 0 | MINUTE ENTRY of TELEPHONE CONFERENCE with Magistrate Judge DiBianco on 9/28/94 - APP: Michael X. Hurley, Pro Se and Steven Schwartz, AAG on behalf of the Deft. - Rulings: Atty. Schwartz is directed to give Court status report at end of time extension. (dmf) (Entered: 10/19/1994) | |||
| 1995-03-02 | 49 | 0 | Copy of letter sent to James Singletary, dated 2/23/95, has been returned by the Post Office for a better address. (fce) (Entered: 03/03/1995) | |||
| 1999-05-28 | 50 | 0 | Letter application received from AAG Bruce Boivin requesting: dismissal for failure to prosecute (rjb) (Entered: 06/01/1999) | |||
| 1999-08-06 | 51 | 0 | NOTICE of Dismissal Calendar set for September 10, 1999 at 10:00am in USDC Syracuse, NY. (ptm) (Entered: 08/09/1999) | |||
| 1999-08-16 | 52 | 0 | Dismissal Calendar Notice from Court dated 8/6/99 returned undelivered as to pltf James Singletary, and marked, "Return to Sender, Third Party Mail Not Permitted: RTS Paroled". (ptm) (Entered: 08/16/1999) | |||
| 1999-08-16 | 53 | 0 | Letter from pltf Michael X. Hurley dated June 5, 1999 regarding/opposing possilbe dismissal of action. Letter incorrectly docketed in Case No. 6:82-CV-246 at #34. (ptm) (Entered: 08/16/1999) | |||
| 1999-08-16 | 54 | 0 | Notice of Dismissal Calendar dated 8/6/99, returned undelivered as to pltf Michael X. Hurley. Notice sent to last known address as indicated on docket and forwarded by NYSDOCS to pltf's most recent address, Shawangunk Correctional Facility, PO Box 750, Wallkill, New York 12589-0750, (the same address referenced on docket entry #53 above, letter from pltf Hurley). (ptm) (Entered: 08/16/1999) | |||
| 1999-09-10 | 55 | 0 | Minute entry: Dismissal Calendar: Upon the statements of Bruce Bovin AAG and failure of the pltf to proceed with this action pursuant FRCP 41.2 and 16, Judge Munson directs that the case be dismissed. Appearances: Bruce Bovin, AAG. Court Reporter/ECRO: Kenneth Crewell (ptm) (Entered: 09/15/1999) | |||
| 2000-01-07 | 56 | 0 | JUDGMENT for Richard Hongisto, J. D. Cowen, Steve Dennis, J. Owen, Lester Pratt, George Rosa, John Butera, Edward Dann, Charles E. Connors, David Hood, John Miskell, Robert J. Henderson against James Singletary, Michael X. Hurley Date Served: 01/07/00 Date Entered: 01/07/00 (ptm) (Entered: 01/07/2000) | |||
| 2000-01-24 | 57 | 0 | MOTION by Michael X. Hurley to Vacate [56-1] judgment order , Hearing set for 2/18/00 , Response Deadline 2/4/00 , Reply to Response Deadline 2/11/00 Motion returnable before Judge/Mag. Judge: Munson (fce) (Entered: 01/24/2000) | |||
| 2000-01-24 | 58 | 0 | AFFIDAVIT by Michael X. Hurley in support of Re: [57-1] motion to Vacate [56-1] judgment order (fce) (Entered: 01/24/2000) | |||
| 2000-01-24 | 59 | 0 | MEMORANDUM by Michael X. Hurley in support of [57-1] motion to Vacate [56-1] judgment order (fce) (Entered: 01/24/2000) | |||
| 2000-02-07 | 60 | 0 | MEMORANDUM by AAG Bruce J. Boivin, Esq. Richard Hongisto, J. D. Cowen, Steve Dennis, J. Owen, Lester Pratt, George Rosa, John Butera, Edward Dann, Charles E. Connors, David Hood, John Miskell, Robert J. Henderson in opposition to [57-1] motion to Vacate [56-1] judgment order (ljr) (Entered: 02/09/2000) | |||
| 2000-02-07 | 61 | 0 | DECLARATION by AAG Bruce J. Boivin, Esq., on behalf of Richard Hongisto, J. D. Cowen, Steve Dennis, J. Owen, Lester Pratt, George Rosa, John Butera, Edward Dann, Charles E. Connors, David Hood, John Miskell, Robert J. Henderson Re: [60-1] opposition memorandum; With Certificate of Service attached. (ljr) (Entered: 02/09/2000) | |||
| 2001-08-29 | 62 | 0 | ORDER denying [57-1] motion to Vacate [56-1] judgment order ( signed by Senior Judge Howard G. Munson ) Date Entered: 8/29/01 (nas) (Entered: 08/29/2001) | |||
| 2001-08-31 | 63 | 0 | Mail returned undeliverable. Sent to plaintiff James Singletary [62-1] order RE: Doc. #: [62-1] Address sent to: Elmira Cor Fac (nas) (Entered: 08/31/2001) | |||
| 2002-09-04 | 64 | 0 | ORDER rejecting Mr. Hurley's "Notice of Motion Pursuant to Rule 60..." because pursuant to said rule, the motion shall be made within a reasonable time. Also, his previous motion to vacate was denied. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 9/4/02 (nas) (Entered: 09/04/2002) | |||
| 2002-09-13 | 65 | 0 | Mail returned undeliverable. Sent to plaintiff James Singletary [64-1] order RE: Doc. #: [64-1] Address sent to: Elmira Cor Facility. (nas) Additional attachment(s) added on 8/23/2004 (nas, ). (Entered: 09/13/2002) | |||
| 2002-09-27 | 66 | 0 | ORDER rejecting Mr. Hurley's papers because this case was closed over 2 1/2 years ago, his attempt to vacate the judgment is untimely. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 9/27/02 (nas) (Entered: 09/27/2002) | |||
| 2002-10-02 | 67 | 0 | Mail returned undeliverable. Sent to plaintiff James Singletary [66-1] order RE: Doc. #: [66-1] Address sent to: Elmira Cor Fac (nas) Additional attachment(s) added on 8/23/2004 (nas, ). (Entered: 10/03/2002) |