| Court: | nysd |
| Docket #: | 1:09-cv-00801 |
| Case Name: | Houston v. Horn et al |
| PACER case #: | 339627 |
| Date filed: | 2009-01-28 |
| Date terminated: | 2010-05-17 |
| Assigned to: | Judge Denise L. Cote |
| Referred to: | Magistrate Judge Kevin Nathaniel Fox (Settlement) |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 555 Prisoner: Prison Condition |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Tyrone Houston Plaintiff also known asTyrone Black |
Tyrone Houston |
| Martin Horn Defendant Individually, and as Commissioner of NYC Department of Corrections (NYC DOC) |
Lesley Berson Mbaye Michael Anthony Suarez |
| Colon Defendant Individually, and as Deputy Warden of Security for GMDC and RNDC |
Lesley Berson Mbaye |
| Gregory P. McLauglin Defendant Individually and as Warden for RNDC |
Lesley Berson Mbaye Michael Anthony Suarez |
| Ortiz Defendant Individually, and as Intake Captain for RNDC |
Lesley Berson Mbaye |
| Bulter #54 (Now Vasquez #54) Defendant Individually, and as Captain for RNDC |
Lesley Berson Mbaye |
| Earlie #1506 Defendant Individually, and as Captain for RNDC |
Lesley Berson Mbaye Michael Anthony Suarez |
| Jones #17813 Defendant Individually, and as Officer for RNDC |
Lesley Berson Mbaye Michael Anthony Suarez |
| McGibbon, Ms. Defendant Individually, and as Physician for RNDC |
Lesley Berson Mbaye Michael Anthony Suarez |
| Steward #4908 Defendant Individually, and as Officer for RNDC |
Lesley Berson Mbaye |
| Ashitey, Mr. Defendant Individually, and as Physician for RNDC |
Lesley Berson Mbaye Michael Anthony Suarez |
| Duncan Defendant Individually, and as Intake Officer for RNDC |
Lesley Berson Mbaye |
| McKentyre, Ms. Defendant Individually, and as Movement Officer for RNDC |
Lesley Berson Mbaye |
| James L. Robinson Defendant Individually, and as Inmate Grievance Coordinator for RNDC |
Lesley Berson Mbaye |
| John Doe Defendant Individually, and as Inspector General for the NYC DOC |
Lesley Berson Mbaye |
| The City of New York Defendant Individually, and as a Municipal Agency fo the State of New York |
Lesley Berson Mbaye Michael Anthony Suarez |
| Bennett#1015 Defendant Individually, and a Deputy Warden and Tour Commander for AMKC |
Lesley Berson Mbaye Michael Anthony Suarez |
| Williams#820 Defendant Individually, and as a Security Captain for AMKC |
Lesley Berson Mbaye Michael Anthony Suarez |
| Spears Defendant Individually, and as Captain for GRVC |
Lesley Berson Mbaye |
| Hourohane Defendant Individually and as a Warden for MHD |
Lesley Berson Mbaye Michael Anthony Suarez |
| Jane Doe Defendant Individually, and as Movement Officer for GMDC |
Lesley Berson Mbaye |
| Brown Defendant Individually, and as Deputy Warden for Security for MHD |
Lesley Berson Mbaye |
| Holly Defendant Individually, and as Officer for 7 South of MHD |
Lesley Berson Mbaye |
| Pena#10836 Defendant Individually, and as a law libraryOfficer for MHD |
Lesley Berson Mbaye Michael Anthony Suarez |
| Jane Doe Defendant Individually, and as Movement Officer for AMKC |
Lesley Berson Mbaye |
| R. Padmore Defendant Individually, and as Inmate Grievance Coordinator for AMKC |
Lesley Berson Mbaye |
| Jane Doe Defendant Individually, and as Inmate Grievance Coordinator for MHD |
Lesley Berson Mbaye |
| Jane Doe Defendant Individually, and as Chef Physician of AMKC |
Lesley Berson Mbaye |
| Jane Doe Defendant Individually, and as Clinic Administrator for AMKC |
Lesley Berson Mbaye |
| Artemio Colon Defendant Individually |
Lesley Berson Mbaye |
| Deputy Warden Artemio Colon Defendant of Security for GMDC and RNDC |
Lesley Berson Mbaye |
| Gregory McLaughlin Defendant Individually |
Lesley Berson Mbaye |
| Gregory McLaughlin Defendant as Warden for RNDC |
Lesley Berson Mbaye |
| Herbert Ortiz Defendant Individually |
Lesley Berson Mbaye |
| Herbert Ortiz Defendant as Intake Captain for RNDC |
Lesley Berson Mbaye |
| Tanya Vasquez Defendant Individually |
Lesley Berson Mbaye |
| Tanya Vasquez Defendant Captain for RNDC |
Lesley Berson Mbaye |
| Debora Earle Defendant Individually |
Lesley Berson Mbaye |
| Debora Earle Defendant as Captain for RNDC |
Lesley Berson Mbaye |
| Leslie Jones Defendant Individually |
Lesley Berson Mbaye |
| Leslie Jones Defendant as Officer for RNDC |
Lesley Berson Mbaye |
| Donald McGibbon Defendant Individually |
Lesley Berson Mbaye |
| Donald McGibbon Defendant as Physician for RNDC |
Lesley Berson Mbaye |
| Donald Ashitey Defendant Individually |
Lesley Berson Mbaye |
| Daniel Ashitey Defendant as Physician for RNDC |
Lesley Berson Mbaye |
| Harriet Steward Defendant Individually |
Lesley Berson Mbaye |
| Harriet Steward Defendant as Officer for RNDC |
Lesley Berson Mbaye |
| Garfield Duncan Defendant Individually |
Lesley Berson Mbaye |
| Garfield Duncan Defendant as Intake Officer for RNDC |
Lesley Berson Mbaye |
| Kim McKentyre Defendant Individually |
Lesley Berson Mbaye |
| Kim McKentyre Defendant Movement Officer for RNDC |
Lesley Berson Mbaye |
| James Robinson Defendant Individually |
Lesley Berson Mbaye |
| James Robinson Defendant as Inmate Grievance Corrdinator for RNDC |
Lesley Berson Mbaye |
| Robert Gigante Defendant Individually |
Lesley Berson Mbaye |
| Robert Gigante Defendant as Inspector General for NYC DOC |
Lesley Berson Mbaye |
| The City of New York Defendant Individually |
Lesley Berson Mbaye |
| The City of New York Defendant as a Municipal Agency for the State of New York |
Lesley Berson Mbaye |
| Edwin Bennett Defendant Individually |
Lesley Berson Mbaye |
| Edwin Bennett Defendant Deputy Warden for AMKC |
Lesley Berson Mbaye |
| Michael Williams Defendant Individually |
Lesley Berson Mbaye |
| Michael Williams Defendant Security Captain for AMKC |
Lesley Berson Mbaye |
| Christopher Spears Defendant Individually |
Lesley Berson Mbaye |
| Christopher Spears Defendant as Security Captain for GRVC |
Lesley Berson Mbaye |
| Hourohane Defendant Individually |
Lesley Berson Mbaye |
| Hourohane Defendant as Warden for MDC |
Lesley Berson Mbaye |
| Dalthon Brown Defendant Individually |
Lesley Berson Mbaye |
| Dalthon Brown Defendant as Deputy Warden for Security for MDC |
Lesley Berson Mbaye |
| Holly Defendant Individually |
Lesley Berson Mbaye |
| Holly Defendant as officer for MDC |
Lesley Berson Mbaye |
| Narcisa Pena Defendant Individually |
Lesley Berson Mbaye |
| Narcisa Pena Defendant as officer for MDC |
Lesley Berson Mbaye |
| Jane Doe Defendant Individually |
Lesley Berson Mbaye |
| Jane Doe Defendant as Movement Officer for GMDC |
Lesley Berson Mbaye |
| Rosamund Padmore Defendant Individually |
Lesley Berson Mbaye |
| Rosamund Padmore Defendant as Inmate Grievance Coordinator for AMKC |
Lesley Berson Mbaye |
| Prison Health Services Director for AMKC and RNDC Defendant |
Lesley Berson Mbaye |
| Singletary Defendant Individually |
Lesley Berson Mbaye |
| Singletary Defendant as Security Captain for RNDC |
Lesley Berson Mbaye |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-01-28 | 1 | 0 | ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Denise L. Cote on 1/27/09) (rdz) (Entered: 01/30/2009) | |||
| 2009-01-28 | 2 | 0 | COMPLAINT against McGibbon, Ms, Steward #4908, Ashitey, Mr, Duncan, McKentyre, Ms, James L. Robinson, John Doe, The City of New York, Bennett#1015, Williams#820, Spears, Hourohane, Jane Doe, Brown, Holly, Pena#10836, Jane Doe(Individually, and as Movement Officer for AMKC), R. Padmore, Jane Doe(Individually, and as Inmate Grievance Coordinator for MHD), Jane Doe(Individually, and as Chef Physician of AMKC), Jane Doe(Individually, and as Clinic Administrator for AMKC), Martin Horn, Colon, Gregory P. McLauglin, Ortiz, Bulter #54 (Now Vasquez #54), Earlie #1506, Jones #17813. Reply required under Prison Litigation Reform Act Section 7(2)(g)(2)..Document filed by Tyrone Houston.(rdz) (Entered: 01/30/2009) | |||
| 2009-03-02 | 3 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. Earlie #1506 served on 2/24/2009, answer due 3/16/2009. Service was accepted by Capt. Matthews. Document filed by Tyrone Houston. (tro) (Entered: 03/03/2009) | |||
| 2009-03-02 | 4 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. Jones #17813 served on 2/24/2009, answer due 3/16/2009. Service was accepted by Capt. Matthews. Document filed by Tyrone Houston. (tro) (Entered: 03/03/2009) | |||
| 2009-03-02 | 5 | 0 | ADMIRALTY WARRANT RETURNED UNEXECUTED as to Steward #4908. Service was attempted on 2/24/9. Document filed by Tyrone Houston., MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Steward #4908. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 2/24/9. Document filed by Tyrone Houston. (tro) (Entered: 03/03/2009) | |||
| 2009-03-02 | 6 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to McKentyre, Ms. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 2/24/09. Document filed by Tyrone Houston. (tro) (Entered: 03/03/2009) | |||
| 2009-03-02 | 7 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. Ashitey, Mr served on 2/24/2009, answer due 3/16/2009. Service was accepted by Ms. Lidia. Document filed by Tyrone Houston. (ae) (Entered: 03/06/2009) | |||
| 2009-03-02 | 8 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to James L. Robinson. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 2/24/09. Document filed by Tyrone Houston. (ae) (Entered: 03/06/2009) | |||
| 2009-03-02 | 9 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. Bennett#1015 served on 2/24/2009, answer due 3/16/2009. Service was accepted by D.W. Emans. Document filed by Tyrone Houston. (mro) (Entered: 03/06/2009) | |||
| 2009-03-02 | 10 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. Bulter #54 (Now Vasquez #54) served on 2/24/2009, answer due 3/16/2009. Service was accepted by Capt. Matthews. Document filed by Tyrone Houston. (mro) (Entered: 03/06/2009) | |||
| 2009-03-02 | 11 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Duncan. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 2/24/09. Document filed by Tyrone Houston. (mro) (Entered: 03/06/2009) | |||
| 2009-03-02 | 12 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. Martin Horn served on 2/24/2009, answer due 3/16/2009. Service was accepted by R. Lopez (Legal). Document filed by Tyrone Houston. (mro) (Entered: 03/09/2009) | |||
| 2009-03-02 | 13 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. Hourohane served on 2/24/2009, answer due 3/16/2009. Service was accepted by R. Lopez (Legal). Document filed by Tyrone Houston. (mro) (Entered: 03/09/2009) | |||
| 2009-03-02 | 14 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Holly. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 2/24/09. Document filed by Tyrone Houston. (mro) (Entered: 03/09/2009) | |||
| 2009-03-02 | 15 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Brown. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 2/24/09. Document filed by Tyrone Houston. (mro) (Entered: 03/09/2009) | |||
| 2009-03-02 | 16 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. The City of New York served on 2/24/2009, answer due 3/16/2009. Service was accepted by D. Aronv (Clerk). Document filed by Tyrone Houston. (jfe) (Entered: 03/13/2009) | |||
| 2009-03-02 | 17 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. Pena#10836 served on 2/24/2009, answer due 3/16/2009. Service was accepted by Capt Kurtaj. Document filed by Tyrone Houston. (jfe) (Entered: 03/13/2009) | |||
| 2009-03-02 | 18 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Spears. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 2/24/2009. Document filed by Tyrone Houston. (jfe) (Entered: 03/13/2009) | |||
| 2009-03-02 | 19 | 0 | SUMMONS RETURNED UNEXECUTED as to Colon. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Remarks: First name of Shield # is needed. Service was attempted on 2/24/09. Document filed by Tyrone Houston. (pl) (Entered: 03/16/2009) | |||
| 2009-03-02 | 20 | 0 | SUMMONS RETURNED EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. McGibbon, Ms served on 2/24/2009, answer due 3/16/2009. Service was accepted by Ms. Lydia. Document filed by Tyrone Houston. (pl) (Entered: 03/16/2009) | |||
| 2009-03-02 | 21 | 0 | SUMMONS RETURNED EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. Gregory P. McLauglin served on 2/24/2009, answer due 3/16/2009. Service was accepted by R. Lopez. Document filed by Tyrone Houston. (pl) (Entered: 03/16/2009) | |||
| 2009-03-02 | 22 | 0 | SUMMONS RETURNED EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. Williams#820 served on 2/24/2009, answer due 3/16/2009. Service was accepted by C.O. Martinez. Document filed by Tyrone Houston. (pl) (Entered: 03/16/2009) | |||
| 2009-03-02 | 23 | 0 | SUMMONS RETURNED UNEXECUTED as to Ortiz. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 2/24/09. Document filed by Tyrone Houston. (pl) (Entered: 03/16/2009) | |||
| 2009-03-02 | 24 | 0 | SUMMONS RETURNED UNEXECUTED as to R. Padmore. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 2/24/09. Document filed by Tyrone Houston. (pl) (Entered: 03/16/2009) | |||
| 2009-03-02 | 25 | 0 | SUMMONS RETURNED UNEXECUTED as to R. Padmore. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 2/24/09. Document filed by Tyrone Houston. Please check spelling of name Shield # is also needed. (pl) (Entered: 03/16/2009) | |||
| 2009-03-17 | 26 | 0 | ORDER AND NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that the defendants' request is granted. Defendants shall answer or move by May 1, 2009. IT IS FURTHER ORDERED that all parties or their counsel appear for a pretrial conference with the Court on May 15, 2009 at 11:30 a.m. in Courtroom l1B, 500 Pearl Street. Principal trial counsel for each party must be present at the conference. If you are incarcerated and do not have counsel, a family member or a representative may attend the conference for you. If you designate a representative, he or she should immediately contact Gloria Rojas, Courtroom Deputy Clerk, at (212) 805-0097, to advise the Court that they will be attending as your representative. The representative should provide Ms. Rojas with an address and telephone number at which he or she can be reached. A transcript will be made of the conference and it will be sent to you. You may also send a letter to the Court, [by sending it to this Court's Pro Se Office, Room 230, United States Courthouse, 500 Pearl Street, New York, New York 10007] which must be received prior to the conference, discussing any issues you wish to raise at the conference. A copy of this Court's Individual Practices in Civil Pro Se Cases is enclosed. Attorneys and unrepresented parties are directed to consult these rules with respect to communications with chambers, requests for adjournments, and related matters. (Signed by Judge Denise L. Cote on 3/17/2009) Copies Mailed By Chambers.(jfe) Modified on 4/10/2009 (jfe). (Entered: 03/18/2009) | |||
| 2009-03-26 | 27 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Jane Doe(Individually, and as Clinic Administrator for AMKC). Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 3/6/2009. Document filed by Tyrone Houston. (jfe) (Entered: 03/27/2009) | |||
| 2009-03-26 | 28 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Jane Doe(Individually, and as Chef Physician of AMKC).. Service was attempted on 3/6/2009. Document filed by Tyrone Houston. (jfe) (Entered: 03/27/2009) | |||
| 2009-03-26 | 29 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Jane Doe(Individually, and as Movement Officer for AMKC). Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 3/6/2009. Document filed by Tyrone Houston. (jfe) (Entered: 03/27/2009) | |||
| 2009-03-26 | 30 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to John Doe. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 3/6/2009. Document filed by Tyrone Houston. (jfe) (Entered: 03/27/2009) | |||
| 2009-05-01 | 31 | 0 | ANSWER to Complaint. Document filed by McGibbon, Ms, Ashitey, Mr, The City of New York, Bennett#1015, Williams#820, Hourohane, Pena#10836, Martin Horn, Gregory P. McLauglin, Earlie #1506, Jones #17813.(djc) (Entered: 05/11/2009) | |||
| 2009-05-11 | 32 | 0 | Verified Answer and Plaintiff's Objections to Defendants' Misplaced, Contrary, and Meritless Answer to the Complaint Dated 5/1/09. Document filed by Tyrone Houston. (ae) (Entered: 05/18/2009) | |||
| 2009-05-19 | 33 | 0 | PRETRIAL SCHEDULING ORDER IN PRO SE ACTION: The parties shall comply with their Rule 26(a)(1), F.R.C.P., initial disclosures obligations by 6/15/09. Defendants' counsel is instructed to contact the chambers of Magistrate Judge Kevin N. fox prior to 7/17/09, in order to pursue settlement discussions under his supervision. All fact discovery must be completed by 10/16/09. Plaintiff's identification of experts and disclosure of expert testimony conforming to the requirements of Rule 26(a)(2)(B), F.R.C.P., must occur by 11/16/09. Defendants' identification of experts and disclosure of expert testimony must occur by 12/5/09. All expert discovery must be completed by 1/15/10. Any motion for summary judgment shall be submitted by 2/5/10. If a motion is filed, opposition papers must be submitted by 3/5/10, and reply papers, if any, must be submitted by 3/19/10. Failure to comply with any of the terms of this Order may constitute grounds for the denial of requested relief, dismissal of the action, the entry of judgment by default, or such other action as may be just in the circumstances. (Signed by Judge Denise L. Cote on 5/18/09) (tro) (Entered: 05/19/2009) | |||
| 2009-05-19 | 34 | 0 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Denise L. Cote on 5/18/09) (tro) (Entered: 05/19/2009) | |||
| 2009-06-22 | 35 | 0 | ORDER, (1 ) a settlement conference shall be held in the above-captioned action on July 22, 2009, at 2:30 p.m., in courtroom 20A, 500 Pearl St., New York, New York; (2) the parties shall review the Settlement Procedures under which the conference will be conducted, in particular the attendance and pre-conference submission requirements specified in paragraphs three and six of the Procedures. The Procedures are being provided to the parties with a copy of this order; and (3) at least seven days prior to the above-noted settlement conference, the parties shall confer, in person or by telephone, to engage in good-faith settlement negotiations. Should the parties resolve the litigation prior to the settlement conference, the parties shall notify the undersigned, in writing, expeditiously.( Settlement Conference set for 7/22/2009 at 02:30 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/18/09) (ae) (Entered: 06/22/2009) | |||
| 2009-06-30 | 36 | 0 | NOTICE OF APPEARANCE by Lesley Ann Berson on behalf of McGibbon, Ms, Ashitey, Mr, The City of New York, Bennett#1015, Williams#820, Hourohane, Pena#10836, Martin Horn, Gregory P. McLauglin, Bulter #54 (Now Vasquez #54), Earlie #1506, Jones #17813 (Berson, Lesley) (Entered: 06/30/2009) | |||
| 2009-07-08 | 37 | 0 | ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Lesley Berson dated 7/6/09 re: Request to adjourn the 7/22/09 settlement conference. ENDORSEMENT: Application granted. The settlement conference will be held on 8/12/09, at 2:30 pm. ( Settlement Conference reset for 8/12/2009 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/8/09) (cd) (Entered: 07/08/2009) | |||
| 2009-07-07 | 38 | 0 | AFFIDAVIT of Tyrone Houston to Compel Defendants to Comply with their Rule 26(a)(1), F.R.C.P., Initial Disclosure Obligations. Document filed by Tyrone Houston. *Accepted for filing by the Chambers of the Honorable Denise L. Cote on 7/7/09. (tro) (Entered: 07/10/2009) | |||
| 2009-08-06 | 39 | 0 | ORDER...that the Pro Se Office shall provide the plaintiff with a mailing package with amended summonses to be sent to the plaintiff from defendants Colon, Duncan, Padmore, Robinson, and Steward. The plaintiff will have 60 days from the date of this Order to serve these defendants with the complaint and the amended summonses.... Amended Pleadings due by 8/28/2009.... (Signed by Judge Denise L. Cote on 8/5/09) Copies sent by chambers.(cd) (Entered: 08/06/2009) | |||
| 2009-08-24 | 40 | 0 | AMENDED COMPLAINT amending 2 PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint against all defendants.Document filed by Tyrone Houston. Related document: 2 PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint filed by Tyrone Houston.(mbe) (Entered: 08/26/2009) | |||
| 2009-09-02 | 41 | 0 | ORDER, the plaintiff must serve the City of New York with a complete version of the amended complaint, in which no pages are missing, by September 25, 2009. IT IS FURTHER ORDERED that the parties will direct all future correspondence relating to this case to the Pro Se Clerk's Office at 500 Pearl Street, Room 230, New York, NY 10007. IT IS FURTHER ORDERED that failure to comply with any of the terms of this Order may constitute grounds for the denial of requested relief, dismissal of the action, the entry of judgment by default, or such other action as may be just in the circumstances. (Signed by Judge Denise L. Cote on 9/1/09) Copies Mailed By Chambers.(pl) (Entered: 09/02/2009) | |||
| 2009-09-14 | 42 | 0 | PRO SE MEMORANDUM dated 9/9/09 re: CHANGE OF ADDRESS for Tyrone Houston. New Address: 141-09-17326, Anna M. Kross Center, 18-18 Hazen Street, East Elmhurst, NY, 11370. (djc) (Entered: 09/14/2009) | |||
| 2009-09-22 | 43 | 0 | ORDER: The time for Defendant Colon to respond to the amended complaint is extended from September 21, 2009 until October 26, 2009. The deadline for the completion of fact discovery is extended from October 16, 2009 until December 16, 2009. The dates in the May 18, 2009 scheduling order for expert discovery and any motion for summary judgment remain unchanged. Artemio Colon (Individually) answer due 10/26/2009; Artemio Colon(of Security for GMDC and RNDC) answer due 10/26/2009; Colon answer due 10/26/2009. (Signed by Judge Denise L. Cote on 9/22/09) Copies Mailed by Chambers.(db) (Entered: 09/22/2009) | |||
| 2009-06-16 | 44 | 0 | TRANSCRIPT of proceedings held on 5/15/09 before Judge Denise L. Cote. (ldi) (Entered: 09/25/2009) | |||
| 2009-10-24 | 45 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Rosamund Padmore(Individually) served on 9/9/2009, answer due 9/29/2009. Service was accepted by Ms. Carty, Admin.. Document filed by Tyrone Houston. (pl) (Entered: 10/26/2009) | |||
| 2009-10-22 | 46 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Garfield Duncan(Individually) served on 9/9/2009, answer due 9/29/2009. Service was accepted by Ms. Stouff. (Admin).. Document filed by Tyrone Houston. (pl) (Entered: 10/26/2009) | |||
| 2009-10-22 | 47 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. James Robinson(Individually) served on 9/9/2009, answer due 9/29/2009. Service was accepted by Ms. Stoutt, (Admin). Document filed by Tyrone Houston. (pl) (Entered: 10/26/2009) | |||
| 2009-10-23 | 48 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Artemio Colon(Individually) served on 10/14/2009, answer due 11/3/2009. Service was accepted by Capt. Lemon. Document filed by Tyrone Houston. (mro) (Entered: 10/26/2009) | |||
| 2009-10-28 | 49 | 0 | ANSWER to Amended Complaint. Document filed by Artemio Colon(Individually), Artemio Colon(of Security for GMDC and RNDC).(mro) (Entered: 10/29/2009) | |||
| 2009-10-06 | 50 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Harriet Steward(Individually), Harriet Steward(as Officer for RNDC) on 9/15/09 marked, "Return to sender". Service was attempted on 08/26/09. Document filed by Tyrone Houston. (di4) (Entered: 10/29/2009) | |||
| 2009-11-12 | 51 | 0 | ORDER that the deadline for defendants Robinson, Duncan, and Padmore to respond to the amended complaint is extended to 12/9/09. Defendants' counsel shall provide plaintiff with the correct address for defendant Steward and shall confirm with the Court that counsel has done so by 11/20/09. Plaintiff must serve defendant Steward by 1/20/10. If parties require an extension of any of the pretrial deadlines as a result of the service of defendant Steward, they must submit a request for an extension in writing and state whether all parties have consented. (Signed by Judge Denise L. Cote on 11/12/09) Copies mailed by chambers. (dle) Modified on 11/20/2009 (dle). (Entered: 11/12/2009) | |||
| 2009-11-17 | 52 | 0 | ORDER: Houston's requests In the November 7 letter are denied. Pursuant to the Court's November 12 Order, Houston must serve defendant Steward with the amended complaint by January 20, 2010. (Service due by 1/20/2010.) (Signed by Judge Denise L. Cote on 11/17/09) Copies Mailed by Chambers.(db) (Entered: 11/17/2009) | |||
| 2009-11-23 | 53 | 0 | ORDER, that by a letter dated November 18, 2009, counsel for defendants requests an extension of all pretrial deadlines. It is hereby ORDERED that defendants' request is denied. The dates in the May 18 Scheduling Order, as modified by the September 22 Order, for fact discovery, expert discovery and any motion for summary judgment remain unchanged. (Signed by Judge Denise L. Cote on 11/23/09) Copies sent by chambers.(pl) (Entered: 11/23/2009) | |||
| 2009-12-02 | 54 | 0 | ORDER: It is hereby ordered that that service of the summons and complaint on defendant Steward shall be deemed effective as of September 15, 2009, with the time to answer extended to January 8, 2010. To the extent defendant Steward wishes to contest service, defense counsel must appear with her supervisor at a hearing on December 11 at 12:00 PM in Courtroom 11B, United States Courthouse, 500 Pearl Street, New York, New York to show cause why service on defendant Steward at the address provided by Corporation Counsel should not be deemed effective. If defendant Steward intends to contest service, she shall so notify the Court and the plaintiffvia letter by December 7. (Signed by Judge Denise L. Cote on 12/2/2009) Copies Mailed By Chambers.(jpo) (Entered: 12/02/2009) | |||
| 2009-12-09 | 55 | 0 | ORDER: It is hereby ordered that the Superintendent or other official in charge of Anna M. Kross Center, located at 18-18 Hazen Street, East Elmhurst, New York to produce inmate Tyrone Houston-Book & Case No. 141-09-03726, NYSID No. 04779707Z on Tuesday, December 15,2009 at 10 A.M. for the taking of his deposition; and (2) that inmate Tyrone Houston appear in such place as designated by the Superintendent or other official in charge of Anna M. Kross Center on Tuesday, December 15,2009 at 10 A.M. and for so long thereafter, from day to day, as the deposition continues for a total of seven hours. (Signed by Judge Denise L. Cote on 12/9/2009) Copies Mailed By Chambers.(jpo) (Entered: 12/09/2009) | |||
| 2009-12-10 | 56 | 0 | ANSWER to Amended Complaint. Document filed by Harriet Steward(Individually), Harriet Steward(as Officer for RNDC), Garfield Duncan(Individually), Garfield Duncan(as Intake Officer for RNDC), James Robinson(Individually), James Robinson(as Inmate Grievance Corrdinator for RNDC), Rosamund Padmore(Individually), Rosamund Padmore(as Inmate Grievance Coordinator for AMKC). Related document: 40 Amended Complaint, filed by Tyrone Houston.(mro) (Entered: 12/10/2009) | |||
| 2009-12-11 | 57 | 0 | ORDER: It is hereby ordered (1) that the Superintendent or other official in charge of Anna M. Kross Center, located at 18-18 Hazen Street, East Elmhurst, New York to produce inmate Tyrone Houston-Book & Case No. 141-09-13726, NYSID No. 04779407Z on Tuesday, December 15, 2009 at 10 A.M. for the taking of his deposition; and (2) that inmate Tyrone Houston appear in such place as designated by the Superintendent or other official in charge of Anna M. Kross Center on Tuesday, December 15,2009 at 10 A.M. and for so long thereafter, from day to day, as the deposition continues for a total of seven hours. (Signed by Judge Denise L. Cote on 12/11/2009) Copies Mailed By Chambers (jpo) Modified on 12/17/2009 (jpo). (Entered: 12/11/2009) | |||
| 2009-12-22 | 58 | 0 | ORDER that any motion for summary judgment is due 2/5/10. Defendants shall file a response to plaintiff's motion to compel by 1/22/10. (Signed by Judge Denise L. Cote on 12/22/09) Copies sent by chambers.(dle) (Entered: 12/22/2009) | |||
| 2009-12-18 | 59 | 0 | NOTICE of Fact Discovery. Document filed by Tyrone Houston. (mbe) (Entered: 12/23/2009) | |||
| 2010-01-22 | 60 | 0 | DECLARATION of Lesley Berson in Response to Plaintiff's "Motion to Compel." (mro) (Entered: 01/22/2010) | |||
| 2010-02-17 | 61 | 0 | MOTION for an order granting summary judgment pursuant to Rule 56 of the FRCp on the grounds of failure to exhaust administrative remedies, failure to state a claim for a violation of constitutional rights, qualified immunity and failure to state a claim of municipal liability. Document filed by McGibbon, Ms, Steward #4908, Ashitey, Mr, Duncan, McKentyre, Ms, James L. Robinson, John Doe, The City of New York(Individually, and as a Municipal Agency fo the State of New York), Artemio Colon(Individually), Artemio Colon(of Security for GMDC and RNDC), Gregory McLaughlin(Individually), Gregory McLaughlin(as Warden for RNDC), Herbert Ortiz(Individually), Herbert Ortiz(as Intake Captain for RNDC), Bennett#1015, Tanya Vasquez(Individually), Tanya Vasquez(Captain for RNDC), Debora Earle(Individually), Debora Earle(as Captain for RNDC), Leslie Jones(Individually), Leslie Jones(as Officer for RNDC), Donald McGibbon(Individually), Donald McGibbon(as Physician for RNDC), Donald Ashitey, Daniel Ashitey, Williams#820, Harriet Steward(Individually), Harriet Steward(as Officer for RNDC), Garfield Duncan(Individually), Garfield Duncan(as Intake Officer for RNDC), Kim McKentyre(Individually), Kim McKentyre(Movement Officer for RNDC), James Robinson(Individually), James Robinson(as Inmate Grievance Corrdinator for RNDC), Robert Gigante(Individually), Robert Gigante(as Inspector General for NYC DOC), Spears, The City of New York(Individually), The City of New York(as a Municipal Agency for the State of New York), Edwin Bennett(Individually), Edwin Bennett(Deputy Warden for AMKC), Michael Williams(Individually), Michael Williams(Security Captain for AMKC), Christopher Spears(Individually), Christopher Spears(as Security Captain for GRVC), Hourohane(Individually), Hourohane(as Warden for MDC), Hourohane(Individually and as a Warden for MHD), Dalthon Brown(Individually), Dalthon Brown(as Deputy Warden for Security for MDC), Holly(Individually), Holly(as officer for MDC), Narcisa Pena(Individually), Narcisa Pena(as officer for MDC), Jane Doe, Jane Doe(as Movement Officer for GMDC), Rosamund Padmore(Individually), Rosamund Padmore(as Inmate Grievance Coordinator for AMKC), Jane Doe, Prison Health Services Director for AMKC and RNDC, Singletary(Individually), Singletary(as Security Captain for RNDC), Brown, Holly(Individually, and as Officer for 7 South of MHD), Pena#10836, Jane Doe(Individually, and as Movement Officer for AMKC), R. Padmore, Jane Doe(Individually, and as Inmate Grievance Coordinator for MHD), Jane Doe(Individually, and as Chef Physician of AMKC), Jane Doe(Individually, and as Clinic Administrator for AMKC), Martin Horn, Colon, Gregory P. McLauglin, Ortiz, Bulter #54 (Now Vasquez #54), Earlie #1506, Jones #17813.(dle) (Entered: 02/17/2010) | |||
| 2010-02-17 | 62 | 0 | MEMORANDUM OF LAW in Support re: 61 MOTION for Summary Judgment.. Document filed by McGibbon, Ms, Steward #4908, Ashitey, Mr, Duncan, McKentyre, Ms, James L. Robinson, John Doe, The City of New York(Individually, and as a Municipal Agency fo the State of New York), Artemio Colon(Individually), Artemio Colon(of Security for GMDC and RNDC), Gregory McLaughlin(Individually), Gregory McLaughlin(as Warden for RNDC), Herbert Ortiz(Individually), Herbert Ortiz(as Intake Captain for RNDC), Bennett#1015, Tanya Vasquez(Individually), Tanya Vasquez(Captain for RNDC), Debora Earle(Individually), Debora Earle(as Captain for RNDC), Leslie Jones(Individually), Leslie Jones(as Officer for RNDC), Donald McGibbon(Individually), Donald McGibbon(as Physician for RNDC), Donald Ashitey, Daniel Ashitey, Williams#820, Harriet Steward(Individually), Harriet Steward(as Officer for RNDC), Garfield Duncan(Individually), Garfield Duncan(as Intake Officer for RNDC), Kim McKentyre(Individually), Kim McKentyre(Movement Officer for RNDC), James Robinson(Individually), James Robinson(as Inmate Grievance Corrdinator for RNDC), Robert Gigante(Individually), Robert Gigante(as Inspector General for NYC DOC), Spears, The City of New York(Individually), The City of New York(as a Municipal Agency for the State of New York), Edwin Bennett(Individually), Edwin Bennett(Deputy Warden for AMKC), Michael Williams(Individually), Michael Williams(Security Captain for AMKC), Christopher Spears(Individually), Christopher Spears(as Security Captain for GRVC), Hourohane(Individually), Hourohane(as Warden for MDC), Hourohane(Individually and as a Warden for MHD), Dalthon Brown(Individually), Dalthon Brown(as Deputy Warden for Security for MDC), Holly(Individually), Holly(as officer for MDC), Narcisa Pena(Individually), Narcisa Pena(as officer for MDC), Jane Doe, Jane Doe(as Movement Officer for GMDC), Rosamund Padmore(Individually), Rosamund Padmore(as Inmate Grievance Coordinator for AMKC), Jane Doe, Prison Health Services Director for AMKC and RNDC, Singletary(Individually), Singletary(as Security Captain for RNDC), Brown, Holly(Individually, and as Officer for 7 South of MHD), Pena#10836, Jane Doe(Individually, and as Movement Officer for AMKC), R. Padmore, Jane Doe(Individually, and as Inmate Grievance Coordinator for MHD), Jane Doe(Individually, and as Chef Physician of AMKC), Jane Doe(Individually, and as Clinic Administrator for AMKC), Martin Horn, Colon, Gregory P. McLauglin, Ortiz, Bulter #54 (Now Vasquez #54), Earlie #1506, Jones #17813. (dle) (Entered: 02/17/2010) | |||
| 2010-02-17 | 63 | 0 | RULE 56.1 STATEMENT. Document filed by McGibbon, Ms, Steward #4908, Ashitey, Mr, Duncan, McKentyre, Ms, James L. Robinson, John Doe, The City of New York(Individually, and as a Municipal Agency fo the State of New York), Artemio Colon(Individually), Artemio Colon(of Security for GMDC and RNDC), Gregory McLaughlin(Individually), Gregory McLaughlin(as Warden for RNDC), Herbert Ortiz(Individually), Herbert Ortiz(as Intake Captain for RNDC), Bennett#1015, Tanya Vasquez(Individually), Tanya Vasquez(Captain for RNDC), Debora Earle(Individually), Debora Earle(as Captain for RNDC), Leslie Jones(Individually), Leslie Jones(as Officer for RNDC), Donald McGibbon(Individually), Donald McGibbon(as Physician for RNDC), Donald Ashitey, Daniel Ashitey, Williams#820, Harriet Steward(Individually), Harriet Steward(as Officer for RNDC), Garfield Duncan(Individually), Garfield Duncan(as Intake Officer for RNDC), Kim McKentyre(Individually), Kim McKentyre(Movement Officer for RNDC), James Robinson(Individually), James Robinson(as Inmate Grievance Corrdinator for RNDC), Robert Gigante(Individually), Robert Gigante(as Inspector General for NYC DOC), Spears, The City of New York(Individually), The City of New York(as a Municipal Agency for the State of New York), Edwin Bennett(Individually), Edwin Bennett(Deputy Warden for AMKC), Michael Williams(Individually), Michael Williams(Security Captain for AMKC), Christopher Spears(Individually), Christopher Spears(as Security Captain for GRVC), Hourohane(Individually), Hourohane(as Warden for MDC), Hourohane(Individually and as a Warden for MHD), Dalthon Brown(Individually), Dalthon Brown(as Deputy Warden for Security for MDC), Holly(Individually), Holly(as officer for MDC), Narcisa Pena(Individually), Narcisa Pena(as officer for MDC), Jane Doe, Jane Doe(as Movement Officer for GMDC), Rosamund Padmore(Individually), Rosamund Padmore(as Inmate Grievance Coordinator for AMKC), Jane Doe, Prison Health Services Director for AMKC and RNDC, Singletary(Individually), Singletary(as Security Captain for RNDC), Brown, Holly(Individually, and as Officer for 7 South of MHD), Pena#10836, Jane Doe(Individually, and as Movement Officer for AMKC), R. Padmore, Jane Doe(Individually, and as Inmate Grievance Coordinator for MHD), Jane Doe(Individually, and as Chef Physician of AMKC), Jane Doe(Individually, and as Clinic Administrator for AMKC), Martin Horn, Colon, Gregory P. McLauglin, Ortiz, Bulter #54 (Now Vasquez #54), Earlie #1506, Jones #17813. (dle) (Entered: 02/17/2010) | |||
| 2010-02-17 | 64 | 0 | DECLARATION of Dr. Homer Venters in Support re: 61 MOTION for Summary Judgment.. Document filed by McGibbon, Ms, Steward #4908, Ashitey, Mr, Duncan, McKentyre, Ms, James L. Robinson, John Doe, The City of New York(Individually, and as a Municipal Agency fo the State of New York), Artemio Colon(Individually), Artemio Colon(of Security for GMDC and RNDC), Gregory McLaughlin(Individually), Gregory McLaughlin(as Warden for RNDC), Herbert Ortiz(Individually), Herbert Ortiz(as Intake Captain for RNDC), Bennett#1015, Tanya Vasquez(Individually), Tanya Vasquez(Captain for RNDC), Debora Earle(Individually), Debora Earle(as Captain for RNDC), Leslie Jones(Individually), Leslie Jones(as Officer for RNDC), Donald McGibbon(Individually), Donald McGibbon(as Physician for RNDC), Donald Ashitey, Daniel Ashitey, Williams#820, Harriet Steward(Individually), Harriet Steward(as Officer for RNDC), Garfield Duncan(Individually), Garfield Duncan(as Intake Officer for RNDC), Kim McKentyre(Individually), Kim McKentyre(Movement Officer for RNDC), James Robinson(Individually), James Robinson(as Inmate Grievance Corrdinator for RNDC), Robert Gigante(Individually), Robert Gigante(as Inspector General for NYC DOC), Spears, The City of New York(Individually), The City of New York(as a Municipal Agency for the State of New York), Edwin Bennett(Individually), Edwin Bennett(Deputy Warden for AMKC), Michael Williams(Individually), Michael Williams(Security Captain for AMKC), Christopher Spears(Individually), Christopher Spears(as Security Captain for GRVC), Hourohane(Individually), Hourohane(as Warden for MDC), Hourohane(Individually and as a Warden for MHD), Dalthon Brown(Individually), Dalthon Brown(as Deputy Warden for Security for MDC), Holly(Individually), Holly(as officer for MDC), Narcisa Pena(Individually), Narcisa Pena(as officer for MDC), Jane Doe, Jane Doe(as Movement Officer for GMDC), Rosamund Padmore(Individually), Rosamund Padmore(as Inmate Grievance Coordinator for AMKC), Jane Doe, Prison Health Services Director for AMKC and RNDC, Singletary(Individually), Singletary(as Security Captain for RNDC), Brown, Holly(Individually, and as Officer for 7 South of MHD), Pena#10836, Jane Doe(Individually, and as Movement Officer for AMKC), R. Padmore, Jane Doe(Individually, and as Inmate Grievance Coordinator for MHD), Jane Doe(Individually, and as Chef Physician of AMKC), Jane Doe(Individually, and as Clinic Administrator for AMKC), Martin Horn, Colon, Gregory P. McLauglin, Ortiz, Bulter #54 (Now Vasquez #54), Earlie #1506, Jones #17813. (dle) (Entered: 02/17/2010) | |||
| 2010-02-17 | 65 | 0 | DECLARATION of Lesley Berson in Support re: 61 MOTION for Summary Judgment. Document filed by McGibbon, Ms, Steward #4908, Ashitey, Mr, Duncan, McKentyre, Ms, James L. Robinson, John Doe, The City of New York(Individually, and as a Municipal Agency fo the State of New York), Artemio Colon(Individually), Artemio Colon(of Security for GMDC and RNDC), Gregory McLaughlin(Individually), Gregory McLaughlin(as Warden for RNDC), Herbert Ortiz(Individually), Herbert Ortiz(as Intake Captain for RNDC), Bennett#1015, Tanya Vasquez(Individually), Tanya Vasquez(Captain for RNDC), Debora Earle(Individually), Debora Earle(as Captain for RNDC), Leslie Jones(Individually), Leslie Jones(as Officer for RNDC), Donald McGibbon(Individually), Donald McGibbon(as Physician for RNDC), Donald Ashitey, Daniel Ashitey, Williams#820, Harriet Steward(Individually), Harriet Steward(as Officer for RNDC), Garfield Duncan(Individually), Garfield Duncan(as Intake Officer for RNDC), Kim McKentyre(Individually), Kim McKentyre(Movement Officer for RNDC), James Robinson(Individually), James Robinson(as Inmate Grievance Corrdinator for RNDC), Robert Gigante(Individually), Robert Gigante(as Inspector General for NYC DOC), Spears, The City of New York(Individually), The City of New York(as a Municipal Agency for the State of New York), Edwin Bennett(Individually), Edwin Bennett(Deputy Warden for AMKC), Michael Williams(Individually), Michael Williams(Security Captain for AMKC), Christopher Spears(Individually), Christopher Spears(as Security Captain for GRVC), Hourohane(Individually), Hourohane(as Warden for MDC), Hourohane(Individually and as a Warden for MHD), Dalthon Brown(Individually), Dalthon Brown(as Deputy Warden for Security for MDC), Holly(Individually), Holly(as officer for MDC), Narcisa Pena(Individually), Narcisa Pena(as officer for MDC), Jane Doe, Jane Doe(as Movement Officer for GMDC), Rosamund Padmore(Individually), Rosamund Padmore(as Inmate Grievance Coordinator for AMKC), Jane Doe, Prison Health Services Director for AMKC and RNDC, Singletary(Individually), Singletary(as Security Captain for RNDC), Brown, Holly(Individually, and as Officer for 7 South of MHD), Pena#10836, Jane Doe(Individually, and as Movement Officer for AMKC), R. Padmore, Jane Doe(Individually, and as Inmate Grievance Coordinator for MHD), Jane Doe(Individually, and as Chef Physician of AMKC), Jane Doe(Individually, and as Clinic Administrator for AMKC), Martin Horn, Colon, Gregory P. McLauglin, Ortiz, Bulter #54 (Now Vasquez #54), Earlie #1506, Jones #17813. (dle) (Entered: 02/17/2010) | |||
| 2010-02-17 | 66 | 0 | DECLARATION of Jorge Torres in Support re: 61 MOTION for Summary Judgment. Document filed by McGibbon, Ms, Steward #4908, Ashitey, Mr, Duncan, McKentyre, Ms, James L. Robinson, John Doe, The City of New York(Individually, and as a Municipal Agency fo the State of New York), Artemio Colon(Individually), Artemio Colon(of Security for GMDC and RNDC), Gregory McLaughlin(Individually), Gregory McLaughlin(as Warden for RNDC), Herbert Ortiz(Individually), Herbert Ortiz(as Intake Captain for RNDC), Bennett#1015, Tanya Vasquez(Individually), Tanya Vasquez(Captain for RNDC), Debora Earle(Individually), Debora Earle(as Captain for RNDC), Leslie Jones(Individually), Leslie Jones(as Officer for RNDC), Donald McGibbon(Individually), Donald McGibbon(as Physician for RNDC), Donald Ashitey, Daniel Ashitey, Williams#820, Harriet Steward(Individually), Harriet Steward(as Officer for RNDC), Garfield Duncan(Individually), Garfield Duncan(as Intake Officer for RNDC), Kim McKentyre(Individually), Kim McKentyre(Movement Officer for RNDC), James Robinson(Individually), James Robinson(as Inmate Grievance Corrdinator for RNDC), Robert Gigante(Individually), Robert Gigante(as Inspector General for NYC DOC), Spears, The City of New York(Individually), The City of New York(as a Municipal Agency for the State of New York), Edwin Bennett(Individually), Edwin Bennett(Deputy Warden for AMKC), Michael Williams(Individually), Michael Williams(Security Captain for AMKC), Christopher Spears(Individually), Christopher Spears(as Security Captain for GRVC), Hourohane(Individually), Hourohane(as Warden for MDC), Hourohane(Individually and as a Warden for MHD), Dalthon Brown(Individually), Dalthon Brown(as Deputy Warden for Security for MDC), Holly(Individually), Holly(as officer for MDC), Narcisa Pena(Individually), Narcisa Pena(as officer for MDC), Jane Doe, Jane Doe(as Movement Officer for GMDC), Rosamund Padmore(Individually), Rosamund Padmore(as Inmate Grievance Coordinator for AMKC), Jane Doe, Prison Health Services Director for AMKC and RNDC, Singletary(Individually), Singletary(as Security Captain for RNDC), Brown, Holly(Individually, and as Officer for 7 South of MHD), Pena#10836, Jane Doe(Individually, and as Movement Officer for AMKC), R. Padmore, Jane Doe(Individually, and as Inmate Grievance Coordinator for MHD), Jane Doe(Individually, and as Chef Physician of AMKC), Jane Doe(Individually, and as Clinic Administrator for AMKC), Martin Horn, Colon, Gregory P. McLauglin, Ortiz, Bulter #54 (Now Vasquez #54), Earlie #1506, Jones #17813. (dle) (Entered: 02/17/2010) | |||
| 2010-02-17 | 67 | 0 | DECLARATION of Kimberley Johnson in Support re: 61 MOTION for Summary Judgment. Document filed by McGibbon, Ms, Steward #4908, Ashitey, Mr, Duncan, McKentyre, Ms, James L. Robinson, John Doe, The City of New York(Individually, and as a Municipal Agency fo the State of New York), Artemio Colon(Individually), Artemio Colon(of Security for GMDC and RNDC), Gregory McLaughlin(Individually), Gregory McLaughlin(as Warden for RNDC), Herbert Ortiz(Individually), Herbert Ortiz(as Intake Captain for RNDC), Bennett#1015, Tanya Vasquez(Individually), Tanya Vasquez(Captain for RNDC), Debora Earle(Individually), Debora Earle(as Captain for RNDC), Leslie Jones(Individually), Leslie Jones(as Officer for RNDC), Donald McGibbon(Individually), Donald McGibbon(as Physician for RNDC), Donald Ashitey, Daniel Ashitey, Williams#820, Harriet Steward(Individually), Harriet Steward(as Officer for RNDC), Garfield Duncan(Individually), Garfield Duncan(as Intake Officer for RNDC), Kim McKentyre(Individually), Kim McKentyre(Movement Officer for RNDC), James Robinson(Individually), James Robinson(as Inmate Grievance Corrdinator for RNDC), Robert Gigante(Individually), Robert Gigante(as Inspector General for NYC DOC), Spears, The City of New York(Individually), The City of New York(as a Municipal Agency for the State of New York), Edwin Bennett(Individually), Edwin Bennett(Deputy Warden for AMKC), Michael Williams(Individually), Michael Williams(Security Captain for AMKC), Christopher Spears(Individually), Christopher Spears(as Security Captain for GRVC), Hourohane(Individually), Hourohane(as Warden for MDC), Hourohane(Individually and as a Warden for MHD), Dalthon Brown(Individually), Dalthon Brown(as Deputy Warden for Security for MDC), Holly(Individually), Holly(as officer for MDC), Narcisa Pena(Individually), Narcisa Pena(as officer for MDC), Jane Doe, Jane Doe(as Movement Officer for GMDC), Rosamund Padmore(Individually), Rosamund Padmore(as Inmate Grievance Coordinator for AMKC), Jane Doe, Prison Health Services Director for AMKC and RNDC, Singletary(Individually), Singletary(as Security Captain for RNDC), Brown, Holly(Individually, and as Officer for 7 South of MHD), Pena#10836, Jane Doe(Individually, and as Movement Officer for AMKC), R. Padmore, Jane Doe(Individually, and as Inmate Grievance Coordinator for MHD), Jane Doe(Individually, and as Chef Physician of AMKC), Jane Doe(Individually, and as Clinic Administrator for AMKC), Martin Horn, Colon, Gregory P. McLauglin, Ortiz, Bulter #54 (Now Vasquez #54), Earlie #1506, Jones #17813. (dle) (Entered: 02/17/2010) | |||
| 2010-03-02 | 68 | 0 | RULE 56.1 STATEMENT. Document filed by Tyrone Houston. (mbe) (mbe). (Entered: 03/12/2010) | |||
| 2010-03-02 | 69 | 0 | MEMORANDUM OF LAW in Opposition re: 61 MOTION for Summary Judgment. Document filed by Tyrone Houston. (mbe) (Entered: 03/12/2010) | |||
| 2010-03-02 | 70 | 0 | AFFIDAVIT of Tyrone Houston. Document filed by Tyrone Houston. (mbe) (Entered: 03/12/2010) | |||
| 2010-03-02 | 71 | 0 | MOTION to Dismiss defendants misplaced, contrary and frivolous motion for summary judgment. Document filed by Tyrone Houston.(mbe) (Entered: 03/12/2010) | |||
| 2010-03-19 | 72 | 0 | REPLY MEMORANDUM OF LAW in Further Support re: 61 MOTION for Summary Judgment.. Document filed by McGibbon, Ms, Steward #4908, Ashitey, Mr, Duncan, McKentyre, Ms, James L. Robinson, John Doe, The City of New York(Individually, and as a Municipal Agency fo the State of New York), Artemio Colon(Individually), Artemio Colon(of Security for GMDC and RNDC), Gregory McLaughlin(Individually), Gregory McLaughlin(as Warden for RNDC), Herbert Ortiz(Individually), Herbert Ortiz(as Intake Captain for RNDC), Bennett#1015, Tanya Vasquez(Individually), Tanya Vasquez(Captain for RNDC), Debora Earle(Individually), Debora Earle(as Captain for RNDC), Leslie Jones(Individually), Leslie Jones(as Officer for RNDC), Donald McGibbon(Individually), Donald McGibbon(as Physician for RNDC), Donald Ashitey, Daniel Ashitey, Williams#820, Harriet Steward(Individually), Harriet Steward(as Officer for RNDC), Garfield Duncan(Individually), Garfield Duncan(as Intake Officer for RNDC), Kim McKentyre(Individually), Kim McKentyre(Movement Officer for RNDC), James Robinson(Individually), James Robinson(as Inmate Grievance Corrdinator for RNDC), Robert Gigante(Individually), Robert Gigante(as Inspector General for NYC DOC), Spears, The City of New York(Individually), The City of New York(as a Municipal Agency for the State of New York), Edwin Bennett(Individually), Edwin Bennett(Deputy Warden for AMKC), Michael Williams(Individually), Michael Williams(Security Captain for AMKC), Christopher Spears(Individually), Christopher Spears(as Security Captain for GRVC), Hourohane(Individually), Hourohane(as Warden for MDC), Hourohane(Individually and as a Warden for MHD), Dalthon Brown(Individually), Dalthon Brown(as Deputy Warden for Security for MDC), Holly(Individually), Holly(as officer for MDC), Narcisa Pena(Individually), Narcisa Pena(as officer for MDC), Jane Doe, Jane Doe(as Movement Officer for GMDC), Rosamund Padmore(Individually), Rosamund Padmore(as Inmate Grievance Coordinator for AMKC), Jane Doe, Prison Health Services Director for AMKC and RNDC, Singletary(Individually), Singletary(as Security Captain for RNDC), Brown, Holly(Individually, and as Officer for 7 South of MHD), Pena#10836, Jane Doe(Individually, and as Movement Officer for AMKC), R. Padmore, Jane Doe(Individually, and as Inmate Grievance Coordinator for MHD), Jane Doe(Individually, and as Chef Physician of AMKC), Jane Doe(Individually, and as Clinic Administrator for AMKC), Martin Horn, Colon, Gregory P. McLauglin, Ortiz, Bulter #54 (Now Vasquez #54), Earlie #1506, Jones #17813. (tro) (Entered: 03/22/2010) | |||
| 2010-04-06 | 73 | 0 | PRO SE MEMORANDUM dated 4/6/2010 re: CHANGE OF ADDRESS for Tyrone Houston. New Address: (# 141-09-13726), Manhattan Detention Center, 125 White Street, New York, New York, 10013. (mbe) (Entered: 04/12/2010) | |||
| 2010-05-13 | 74 | 0 | OPINION AND ORDER: #98955 Defendants' February 17, 2010 motion for summary judgment is granted. Houston's claims are dismissed with prejudice and his request for sanctions is denied. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 5/13/2010) (jfe) Modified on 5/18/2010 (ajc). (Entered: 05/14/2010) | |||
| 2010-05-17 | 75 | 0 | CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated May 13, 2010, defendants' February 17, 2010 motion for summary judgment is granted; Houston's claims are dismissed with prejudice and his request for sanctions is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/17/10) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 05/17/2010) | |||
| 2010-05-28 | 76 | 0 | NOTICE OF APPEAL from 74 Memorandum & Opinion, 75 Clerk's Judgment. Document filed by Tyrone Houston. (tp) (Entered: 06/08/2010) | |||
| 2010-06-09 | 77 | 0 | Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 76 Notice of Appeal filed by Tyrone Houston 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: 06/14/2010) | |||
| 2011-03-09 | 78 | 0 | MANDATE of USCA (Certified Copy) as to 76 Notice of Appeal filed by Tyrone Houston USCA Case Number 10-2333-pr. Upon due consideration, it is hereby ORDERED that the appeal is DISMISSED because it lacks an arguable basis in law or fact. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/09/2011. (nd) (Main Document 78 replaced on 1/14/2014) (nd). (Entered: 03/09/2011) |