Case details

Court: nysd
Docket #: 1:11-cv-05285
Case Name: White v. Schriro et al
PACER case #: 382918
Date filed: 2011-07-21
Date terminated: 2012-12-03
Assigned to: Judge George B. Daniels
Referred to: Magistrate Judge Michael H. Dolinger
Case Cause: 42:1983 Prisoner Civil Rights
Nature of Suit: 555 Prisoner: Prison Condition
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Donald White
Plaintiff
 
Donald White
441-11-00242
GRVC
09-09 Hazen Street
East Elmhurst, NY 11370
PRO SE
Commissioner Dora B. Schriro
Defendant
 
Emily Sweet
NYC Law Department, Office of the Corporation Counsel (NYC)
100 Church Street
New York, NY 10007
(212) 788-1171
Fax: (212) 788-8877
Email: esweet@law.nyc.gov
ATTORNEY TO BE NOTICED
NYC Department of Correction
Defendant
TERMINATED: 10/21/2011
NYC Board Of Corrections
Defendant
TERMINATED: 10/21/2011
NYS Dept. of Corrections
Defendant
TERMINATED: 10/21/2011
NYS Commission of Corrections
Defendant
TERMINATED: 10/21/2011
City of New York
Defendant
 
Emily Sweet
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-07-21 1 0 DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Donald White.(mro) (mro). (Entered: 08/04/2011)
2011-07-21 2 0 COMPLAINT against NYC Board Of Corrections, NYC Department of Correction, NYS Commission of Corrections, NYS Dept. of Corrections, Dora B. Schriro. Reply required under Prison Litigation Reform Act Section 7(2)(g)(2). Document filed by Donald White.(mro) (Entered: 08/04/2011)
2011-08-11 3 0 Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 8/11/2011. (msa) (Entered: 08/11/2011)
2011-09-28 4 0 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without payment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Loretta A. Preska on 9/28/2011) (lmb) (Entered: 09/28/2011)
2011-10-20 5 0 NOTICE OF CASE ASSIGNMENT to Judge George B. Daniels. Judge Unassigned is no longer assigned to the case. (sjo) (Entered: 10/20/2011)
2011-10-19 7 0 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge George B. Daniels on 10/18/2011) (js) Modified on 10/26/2011 (js). (Entered: 10/20/2011)
2011-10-21 8 0 ORDER OF SERVICE: The Court dismisses Plaintiffs claims against the State of New York Department of Correctional Services and Commission of Corrections for failure to state a claim. 28 U.S.C. § 1915(e)(2)(B) (ii). The Court dismisses Plaintiffs claims against the New York City Department of Correction and Board of Correction. The Clerk of Court is directed to add the City of New York as a Defendant under Fed. R. Civ. P. 21. The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this Order. The Court requests that Defendants Schriro and the City of New York waive service of Summons. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3 ), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 !J.S. 438,444-45 (1962). City of New York added. NYC Board Of Corrections and NYC Department of Correction terminated. (pl) Modified on 10/21/2011 (pl). Modified on 10/21/2011 (pl). (Entered: 10/21/2011)
2011-10-21 9 0 PRO SE PRETRIAL CONFERENCE NOTICE: Pro Se Plaintiff and counsel for all parties are hereby directed to attend a conference before Magistrate Judge Michael H. Dolinger, for the purpose of Case Management and scheduling pursuant to Fed. R. Civ. P. 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures, and to furnish chambers with a copy of any transmittal letter(s). If you are unaware of the identity of counsel for any of the parties, you must forthwith send a copy of the notice and rules to that party personally. A Pro Se pretrial conference will be held at the United States District Courthouse. If you are a prisoner in a state or city facility, you should provide sufficient information for opposing counsel to prepare an order by the Court to arrange for a conference by telephone. Additional relief as set forth in this Order. (Signed by Judge George B. Daniels on 8/30/2011) (pl) Modified on 10/21/2011 (pl). (Entered: 10/21/2011)
2011-10-25 10 0 WAIVER OF SERVICE RETURNED EXECUTED. NYC Department of Correction waiver sent on 10/25/2011, answer due 12/26/2011; Dora B. Schriro waiver sent on 10/25/2011, answer due 12/26/2011. Document filed by NYC Department of Correction; Dora B. Schriro. (Pinnock, Nadene) (Entered: 10/25/2011)
2011-10-25 11 0 WAIVER OF SERVICE RETURNED UNEXECUTED as to NYC Board of Corrections, NYS Department of Corrections, NYS Commission of Corrections. Document filed by NYC Board Of Corrections, NYS Commission of Corrections, NYS Dept. of Corrections. (Pinnock, Nadene) (Entered: 10/25/2011)
2011-11-29 12 0 WAIVER OF SERVICE RETURNED EXECUTED. City of New York waiver sent on 11/29/2011, answer due 1/28/2012. Document filed by City of New York. (Sweet, Emily) (Entered: 11/29/2011)
2011-11-29 13 0 PRO SE MEMORANDUM dated November 29, 2011 re: CHANGE OF ADDRESS for Donald White. New Address: 441-11-00242, GRVC, 09-09 Hazen Street, East Elmhurst, New York, 11370. (arc) (Entered: 11/30/2011)
2011-11-30 14 0 NOTICE OF APPEARANCE by Emily Sweet on behalf of City of New York, Dora B. Schriro (Sweet, Emily) (Entered: 11/30/2011)
2011-12-27 16 0 MOTION to Dismiss the Complaint pursuant to 28 1915(e)(2)(a) and Fed. R. Civ. P. 12(b)(6). Document filed by City of New York, Dora B. Schriro.(Sweet, Emily) (Entered: 12/27/2011)
2011-12-27 17 0 DECLARATION of Emily Sweet in Support re: 16 MOTION to Dismiss the Complaint pursuant to 28 1915(e)(2)(a) and Fed. R. Civ. P. 12(b)(6).. Document filed by City of New York, Dora B. Schriro. (Sweet, Emily) (Entered: 12/27/2011)
2011-12-27 18 0 MEMORANDUM OF LAW in Support re: 16 MOTION to Dismiss the Complaint pursuant to 28 1915(e)(2)(a) and Fed. R. Civ. P. 12(b)(6).. Document filed by City of New York, Dora B. Schriro. (Sweet, Emily) (Entered: 12/27/2011)
2011-12-27 19 0 CERTIFICATE OF SERVICE of (1) notice of motion to dismiss, (2) declaration of emily sweet, dated 12/27/2011; and memorandum of law in support of defendants' motion to dismiss served on Donald White on 12/27/2011. Service was made by MAIL. Document filed by City of New York, Dora B. Schriro. (Sweet, Emily) (Entered: 12/27/2011)
2012-01-03 20 0 ORDER: Set Deadlines/Hearing as to 16 MOTION to Dismiss the Complaint pursuant to 28 1915(e)(2)(a) and Fed. R. Civ. P. 12(b)(6). ( Responses due by 1/23/2012, Replies due by 1/30/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 12/29/2011) Copies Sent By Chambers. (cd) (Entered: 01/03/2012)
2012-01-03 21 0 ENDORSED LETTER addressed to Magistrate Judge Michael H Dollinger from Emily Sweet dated 12/29/2011 re: Request for an additional week to 2/6/2012 to serve an file defendants' reply. ENDORSEMENT: Application granted. Set Deadlines/Hearing as to 16 MOTION to Dismiss the Complaint pursuant to 28 1915(e)(2)(a) and Fed. R. Civ. P. 12(b)(6). (Replies due by 2/6/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 12/29/2011) (cd) (Entered: 01/03/2012)
2012-03-07 22 0 REPORT AND RECOMMENDATION re: 16 MOTION to Dismiss the Complaint pursuant to 28 1915(e)(2)(a) and Fed. R. Civ. P. 12(b)(6) filed by Dora B. Schriro, City of New York. We recommend that the Court deny defendants' motion to dismiss based on the IFP Application because defendants fail to demonstrate that plaintiff misled the Court in bad faith or that his allegation of poverty is untrue. We also recommend that the Court deny defendants' motion to dismiss for failure to exhaust administrative remedies because it is not clear from the face of the complaint that plaintiff failed to exhaust or that no exception to the exhaustion requirement applies. We recommend that the Court grant defendants' motion to dismiss the claims against Commissioner Schriro in her personal capacity for lack of personal involvement. We also recommend that the Court grant defendants' motion to dismiss the claims against Commissioner Schriro in her official capacity and the City of New York for failing to allege sufficiently that a policy or practice of the City of New York caused the deprivation of plaintiff's rights. Because plaintiff is proceeding pro se and may be able to cure the deficiencies of the complaint, we recommend that the court grant leave to amend within thirty days after dismissal. Pursuant to Rule 72 of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from this date to file written objections to this Report Recommendation. Such objections shall be filed with the Clerk of Court and served on all adversaries, with extra copies to be delivered to the chambers of the Honorable George B. Daniels, Room 1310, 500 Pearl Street, New York, New York 10007, and to the chambers of the undersigned, Room 1670, 500 Pearl Street, New York, New York 10007. Failure to file timely objections may constitute a waiver of those objections both in the District Court and on later appeal to the United States Court of Appeals. See Thomas v. Arn, 474 U.S. 140, 150 (1985). Objections to R&R due by 3/26/2012. (Signed by Magistrate Judge Michael H. Dolinger on 3/7/2012) Copies Sent By Chambers. (lmb) (Entered: 03/07/2012) 2016-09-17 21:46:25 9f5c884040b958b40e0a5480a910d3e412b5fbce
2012-03-21 23 0 ENDORSED LETTER: addressed to Judge George B. Daniels from Emily Sweet dated 3/20/2012 re: Counsel for defendants request that defendants be given an additional two days, until March 23, 2012, to file objections. ENDORSEMENT: So Ordered., ( Objections to R&R due by 3/23/2012) (Signed by Judge George B. Daniels on 3/21/2012) (js) (Entered: 03/21/2012)
2012-03-23 24 0 OBJECTION to 22 Report and Recommendations Document filed by City of New York, Dora B. Schriro. (Attachments: # 1 Affidavit declaration of service)(Sweet, Emily) (Entered: 03/23/2012)
2012-04-23 25 0 MEMORANDUM DECISION AND ORDER for 22 Report and Recommendations. This Court adopts the Report's recommendation to grant Defendants' 12(b )(6) motion todismiss the claims against Commissioner Schriro and the City of New York. This case is dismissed. (Signed by Judge George B. Daniels on 4/23/2012) (cd) (Entered: 04/23/2012) 2012-04-24 09:16:11 4ccdfcbec3ccb59e90bea2bfb2fb19b5d068536a
2012-03-07 26 0 INTERNET CITATION NOTE: Material from decision with Internet citation re: 22 Report and Recommendations. (tro) (Entered: 05/31/2012)
2012-12-03 27 0 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Decision and Order dated April 23, 2012, the Court adopts the Report, and the defendants 12(b)(6) motion to dismiss the claims against Commissioner Schriro and the City of New York is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/3/12) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 12/03/2012)