| Court: | nysd |
| Docket #: | 7:12-cv-05851 |
| Case Name: | Little et al v. Municipal Corporation, The City of New York |
| PACER case #: | 403235 |
| Date filed: | 2012-07-30 |
| Assigned to: | Judge Kenneth M. Karas |
| Case Cause: | 42:1983 Prisoner Civil Rights |
| Nature of Suit: | 550 Prisoner: Civil Rights |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Clifton Little Plaintiff |
Clifton Little |
| Anthony Romero Plaintiff |
Anthony Romero |
| Mr. Beckman Plaintiff |
Mr. Beckman |
| Jalah Knight Plaintiff |
Jalah Knight |
| Angel Almestica Plaintiff TERMINATED: 10/17/2012 |
Angel Almestica |
| Auther Lattan Plaintiff TERMINATED: 10/17/2012 |
Auther Lattan |
| Raymel Thompson Plaintiff TERMINATED: 10/17/2012 |
Raymel Thompson |
| Kenny Tavarez Plaintiff TERMINATED: 10/17/2012 |
Kenny Tavarez |
| Martin Concepcion Plaintiff |
Martin Concepcion |
| Lawrence Marriweather Plaintiff TERMINATED: 10/17/2012 |
Lawrence Marriweather |
| Terry Patterson Plaintiff |
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| Municipal Corporation, The City of New York Defendant TERMINATED: 11/07/2014 |
David Alan Rosinus , Jr. Evan Robert Schnittman |
| Commissioner Dora B. Schriro Defendant D/B/A, The Department of Correction |
David Alan Rosinus , Jr. Evan Robert Schnittman |
| Warden Duffy Defendant (GRVC), The Department of Correction |
David Alan Rosinus , Jr. Evan Robert Schnittman |
| Board of Correction Defendant The Department of Correction TERMINATED: 11/02/2012 |
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| Deputy Williams Defendant (GRVC) Program Deputy, The Department of Correction |
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| Captain Bernadette Brown Defendant #1657 |
David Alan Rosinus , Jr. Evan Robert Schnittman |
| Warden Ardo Defendant GRVC |
David Alan Rosinus , Jr. Evan Robert Schnittman |
| Romeiro Hill Defendant Correction Officer of G.R.V.C. Rikers Island |
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| Ms. Jackson Defendant Correction Officer of G.R.V.C. Rikers Island |
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| John Doe ESU Officers Defendant (Emergency Service Unit) who assisted in the assault on plainitff on Feb. 15, 2013 @ approx. 1845 hrs. inside housing area 5B 35 Cell of FRVC TERMINATED: 05/02/2016 |
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| Gang Intelligence Officer Gregg Defendant working as a member of the Special Search Team in housing area 5B on Feb. 15, 2013 @ approx. 1845 hrs. |
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| Officer Chapman Defendant working oon the 3-11pm shift as the steady officer of the GRVC law library area throughout June fof 2012 until December of 2013 |
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| John Doe Officer Defendant working as the steady clothes box officer from March 2012 until September of 2012 on the 7-3pm tour of duty in GRVC TERMINATED: 03/18/2016 |
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| John Doe ESU Officer Defendant who placed plastic restraints on plaintiff in housing area 5B 35 Cell on Feb. 15, 2013 @ approx. 1845hrs. TERMINATED: 05/02/2016 |
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| Mikell Spears Defendant Correction Officer |
David Alan Rosinus , Jr. Evan Robert Schnittman |
| Captain Elio Elias Defendant |
David Alan Rosinus , Jr. Evan Robert Schnittman |
| John or Jane Doe Defendant Correction Officer of G.R.V.C. Rikers Island TERMINATED: 05/02/2016 |
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| Warden Duffy Defendant (GRVC), The Department of Correction |
David Alan Rosinus , Jr. Evan Robert Schnittman |
| Warden Ardo Defendant GRVC |
David Alan Rosinus , Jr. Evan Robert Schnittman |
| Officer Romeiro Hill Defendant Shield #10680 - Correction Officer of G.R.V.C. Rikers Island |
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| Officer Cregg Defendant (Gang Intelligence) working as a member of the Special Search Team in housing area 5B on Feb. 15, 2013 @ approx. 1845 hrs. |
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| Captain Vaughn Defendant |
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| Officer Stokes Defendant |
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| Deputy Bailey Defendant |
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| Officer Yousif Defendant #18907 |
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| Officer Lewis Defendant #10536 |
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| Captain Wynn Defendant #1690 |
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| Captain Cimato Defendant #1396 |
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| Officer Antonio Bravo Defendant |
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| Officer Mikell Spears Defendant Correction Officer |
David Alan Rosinus , Jr. Evan Robert Schnittman |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-07-30 | 1 | 0 | DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Clifton Little.(mt) (Entered: 08/01/2012) | |||
| 2012-07-30 | 2 | 0 | COMPLAINT against Board of Correction, Captain Brown #1657, Captain Elias, Commissioner Dora B. Schriro, Correction Officer Spears, Deputy Williams, John Doe Correction Officer, Municipal Corporation, The City of New York, Warden Ardo, Warden Duffy. Document filed by Lawrence Marriweather, Arthur Lattan, Anthony Romero, Clifton Little, Angel Almestica, Mr. Beckman, Kenny Tavarez, Raymel Thompson, Terry Petterson, Martin Concepcion, Jalah Knight.(mt) (Entered: 08/01/2012) | |||
| 2012-08-14 | 3 | 0 | ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff Romero is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 U.S. 438, 444-45 (1962). Filing Fee due by 9/13/2012. In Forma Pauperis (IFP) Application due by 9/13/2012. Prisoner Authorization Form due by 9/13/2012. (Signed by Judge Loretta A. Preska on August 14, 2012) (Attachments: # 1 IFP Application, # 2 Prisoner Authorization)(jjg) (Entered: 08/14/2012) | |||
| 2012-08-14 | 4 | 0 | ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff Beckman is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 U.S. 438, 444-45 (1962). Filing Fee due by 9/13/2012. In Forma Pauperis (IFP) Application due by 9/13/2012. Prisoner Authorization Form due by 9/13/2012. (Signed by Judge Loretta A. Preska on August 14, 2012) (Attachments: # 1 IFP Application, # 2 Prisoner Authorization)(jjg) (Entered: 08/14/2012) | |||
| 2012-08-14 | 5 | 0 | ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff Petterson is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 U.S. 438, 444-45 (1962). Filing Fee due by 9/13/2012. In Forma Pauperis (IFP) Application due by 9/13/2012. Prisoner Authorization Form due by 9/13/2012. (Signed by Judge Loretta A. Preska on August 14, 2012) (Attachments: # 1 IFP Application, # 2 Prisoner Authorization)(jjg) (Entered: 08/14/2012) | |||
| 2012-08-14 | 6 | 0 | ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff Knight is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 U.S. 438, 444-45 (1962). Filing Fee due by 9/13/2012. In Forma Pauperis (IFP) Application due by 9/13/2012. Prisoner Authorization Form due by 9/13/2012. (Signed by Judge Loretta A. Preska on August 14, 2012) (Attachments: # 1 IFP Application, # 2 Prisoner Authorization)(jjg) (Entered: 08/14/2012) | |||
| 2012-08-14 | 7 | 0 | ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff Almestica is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 U.S. 438, 444-45 (1962). Filing Fee due by 9/13/2012. In Forma Pauperis (IFP) Application due by 9/13/2012. Prisoner Authorization Form due by 9/13/2012. (Signed by Judge Loretta A. Preska on August 14, 2012) (Attachments: # 1 IFP Application, # 2 Prisoner Authorization)(jjg) (Entered: 08/14/2012) | |||
| 2012-08-14 | 8 | 0 | ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff Lattan is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 U.S. 438, 444-45 (1962). Filing Fee due by 9/13/2012. In Forma Pauperis (IFP) Application due by 9/13/2012. Prisoner Authorization Form due by 9/13/2012. (Signed by Judge Loretta A. Preska on August 14, 2012) (Attachments: # 1 IFP Application, # 2 Prisoner Authorization)(jjg) (mt). Modified on 8/14/2012 (mt). (Entered: 08/14/2012) | |||
| 2012-08-14 | 9 | 0 | ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff Thompson is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 U.S. 438, 444-45 (1962). Filing Fee due by 9/13/2012. In Forma Pauperis (IFP) Application due by 9/13/2012. Prisoner Authorization Form due by 9/13/2012. (Signed by Judge Loretta A. Preska on August 14, 2012) (Attachments: # 1 IFP Application, # 2 Prisoner Authorization)(jjg) (Entered: 08/14/2012) | |||
| 2012-08-14 | 10 | 0 | ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff Tavarez is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 U.S. 438, 444-45 (1962). Filing Fee due by 9/13/2012. In Forma Pauperis (IFP) Application due by 9/13/2012. Prisoner Authorization Form due by 9/13/2012. (Signed by Judge Loretta A. Preska on August 14, 2012) (Attachments: # 1 IFP Application, # 2 Prisoner Authorization)(jjg) (Entered: 08/14/2012) | |||
| 2012-08-14 | 11 | 0 | ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff Concepcion is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 U.S. 438, 444-45 (1962). Filing Fee due by 9/13/2012. In Forma Pauperis (IFP) Application due by 9/13/2012. Prisoner Authorization Form due by 9/13/2012. (Signed by Judge Loretta A. Preska on August 14, 2012) (Attachments: # 1 IFP Application, # 2 Prisoner Authorization)(jjg) (Entered: 08/14/2012) | |||
| 2012-08-14 | 12 | 0 | ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff Marriweather is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 U.S. 438, 444-45 (1962). Filing Fee due by 9/13/2012. In Forma Pauperis (IFP) Application due by 9/13/2012. Prisoner Authorization Form due by 9/13/2012. (Signed by Judge Loretta A. Preska on August 14, 2012) (Attachments: # 1 IFP Application, # 2 Prisoner Authorization)(jjg) (Entered: 08/14/2012) | |||
| 2012-08-16 | 13 | 0 | PRO SE MEMORANDUM re: CHANGE OF ADDRESS for Anthony Romero. New Address: DIN# 12-A-3133, Auburn Correctional Facility, P.O. Box 618, Auburn, NY, 13024. (msa) (Entered: 08/23/2012) | |||
| 2012-08-27 | 14 | 0 | DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anthony Romero.(cd) (Entered: 09/04/2012) | |||
| 2012-09-05 | 16 | 0 | DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Terry Petterson.(djc) (Entered: 09/14/2012) | |||
| 2012-09-05 | 17 | 0 | DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mr. Beckman.(djc) (Entered: 09/14/2012) | |||
| 2012-09-11 | 18 | 0 | DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jalah Knight. (rjm) (Entered: 09/19/2012) | |||
| 2012-09-18 | 19 | 0 | DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Martin Concepcion.(rjm) (Entered: 09/26/2012) | |||
| 2012-09-24 | 20 | 0 | LETTER Re: PRO SE MEMORANDUM dated 8/14/2012 re: CHANGE OF ADDRESS for Angel Almestica. New Address: 2411009021, O.B.C.C., 1600 Hazen Street, East Elmhurst, New York, 11370. (rjm) (Entered: 10/02/2012) | |||
| 2012-10-12 | 21 | 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 10/12/2012) (js) (Entered: 10/12/2012) | |||
| 2012-10-12 | 23 | 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 10/12/2012) (js) (Entered: 10/12/2012) | |||
| 2012-10-12 | 24 | 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 10/12/2012) (js) (Entered: 10/12/2012) | |||
| 2012-10-12 | 25 | 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 10/12/2012) (js) (Entered: 10/12/2012) | |||
| 2012-10-12 | 26 | 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 10/12/2012) (js) (Entered: 10/12/2012) | |||
| 2012-10-17 | 27 | 0 | ORDER OF DISMISSAL: On August 23, 2012, the Court received the attached letter from Plaintiff Marriweather, also known as Lawrence Merriweather, indicating that his name is spelled incorrectly in the records of the New York State Department of Corrections and Community Supervision and that he did not submit the complaint in this action. The Court construes his letter as a request to withdraw from this action. His request is granted pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to mail a copy of this Order to Plaintiff Marriweather at the following address: Lawrance Marriweather a.k.a. Lawrence Merriweather, 12A3690, Attica Correctional Facility, 639 Exchange Street, Attica, New York 14011-0149. Plaintiff Marriweather is granted in forma pauperis status under 28 U.S.C. § 1915(a)(1) for the limited purpose of dismissing his claims in this action without prejudice. The Clerk of Court is directed to not charge him the $350.00 filing fee for this action, and the Warden or Superintendent having custody of him is directed to suspend any deduction from his prison trust account for this action. Plaintiff Marriweather's claims are dismissed without prejudice pursuant to Fed. R. Civ. P.41(a). 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 U.S. 438, 444-45 (1962). (Signed by Judge Loretta A. Preska on 10/17/2012) (Attachments: # 1 letter)(lmb) (Entered: 10/19/2012) | |||
| 2012-10-17 | 28 | 0 | ORDER OF DISMISSAL. Accordingly, these Plaintiffs are granted in forma pauperis status for the limited purpose of dismissing without prejudice their claims due to their failure to comply with the Court's August 14, 2012, Orders. Fed. R. Civ. P. 41(b). The claims of Plaintiffs Almestica, Lattan, Thompson, and Tavarez, therefore, are dismissed without prejudice. The Clerk of Court is directed to mail a copy of this Order and the accompanying Judgment to each of these Plaintiffs. The Clerk of Court is directed to mail a copy of this Order and the accompanying Judgment to Plaintiffs Almestica and Tavarez at the following addresses: Angel Almestica, 2411009021, Robert N. Davoren Complex, 11-11 Hazen Street, East Elmhurst, New York 11370; Kenny Tavarez, 2411110713, Anna M. Kross Center,18-18 Hazen Street, East Elmhurst, New York 11370. 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 U.S. 438, 444-45 (1962). (Signed by Judge Loretta A. Preska on 10/17/2012) (rjm) Modified on 10/22/2012 (rjm). (Entered: 10/22/2012) | |||
| 2012-10-17 | 29 | 0 | CIVIL JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That the claims of Plaintiffs Almestica, Lattan, Thompson, and Tavarez are dismissed without prejudice, pursuant to Fed. R. Civ. P. 41(b), for failure to comply with the Court's Orders. The Court certifies, pursuant to 28 U.S.C.§ 1915(a)(3), that any appeal from the Courts Judgment would not be taken in good faith. (Signed by Judge Loretta A. Preska on 9/17/2012) (rjm) Modified on 10/22/2012 (rjm). (Entered: 10/22/2012) | |||
| 2012-10-17 | 30 | 0 | ORDER: By Order dated August 14, 2012, the Court ordered Plaintiff Romero, who appears pro se, to pay the $350.00 filing fee or submit a completed request to proceed in forma pauperis (IFP application) and prisoner authorization to this Court within thirty days and informed him that the failure to comply would result in dismissal of his claims. Rather than complete this Courts forms, Plaintiff Romero sent a New York State court form, which the Court received on August 27, 2012. Because the state court form is not appropriate for this Court, and in light of Plaintiff Romero's pro se status, Plaintiff Romero is granted an additional thirty days to comply with the Courts August 14, 2012, Order. If Plaintiff fails to comply with the Courts August 14, 2012, Order and this Order within the time allowed, his claims will be dismissed. 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 U.S. 438, 444-45 (1962). (Signed by Judge Loretta A. Preska on 10/17/2012) (Attachments: # 1 Part 1, # 2 Part 2)(js) (Entered: 10/22/2012) | |||
| 2012-10-22 | 31 | 0 | NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Loretta A. Preska is no longer assigned to the case. (pgu) (Entered: 10/22/2012) | |||
| 2012-11-02 | 32 | 0 | ORDER OF SERVICE: The Court dismisses Plaintiffs' claims against Defendant "Board of Correction, the Department of Correction." 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 "Municipal Corporation, the City of New York," Schriro (Correction Commissioner), Duffy (GRVC Warden), Williams (GRVC "Program Deputy"), Brown (Correction Captain, Shield No. 1657), Spears (Correction Officer who, on March 3, 2012, during a 3 p.m. to 11 p.m. tour of duty, worked in GRVC housing area 4B), Elias (Correction Captain, Shield No. 1155, who, on March 3, 2012, during a 3 p.m. to 11 p.m. tour of duty, worked in GRVC housing area 4B), and Ardo (former GRVC Warden), waive service of summons. The Clerk of Court shall serve a copy of this Order and the complaint on the Corporation Counsel of the City of New York at 100 Church Street, New York, New York 10007. An amended civil rights complaint form is attached to this Order. 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 U.S. 438, 444-45 (1962). Waiver of Service due by 12/6/2012. (Signed by Judge Kenneth M. Karas on 11/1/2012) (lmb) (Entered: 11/02/2012) | |||
| 2012-11-08 | 33 | 0 | WAIVER OF SERVICE RETURNED EXECUTED. Deputy Williams waiver sent on 11/8/2012, answer due 1/7/2013; Warden Ardo waiver sent on 11/8/2012, answer due 1/7/2013; Captain Brown #1657 waiver sent on 11/8/2012, answer due 1/7/2013; Captain Elias waiver sent on 11/8/2012, answer due 1/7/2013; Commissioner Dora B. Schriro waiver sent on 11/8/2012, answer due 1/7/2013; Warden Duffy waiver sent on 11/8/2012, answer due 1/7/2013; Correction Officer Spears waiver sent on 11/8/2012, answer due 1/7/2013. Document filed by Deputy Williams; Warden Ardo ; Captain Brown #1657; Captain Elias ; Commissioner Dora B. Schriro; Warden Duffy ; Correction Officer Spears. (Pinnock, Nadene) (Entered: 11/08/2012) | |||
| 2012-11-08 | 34 | 0 | WAIVER OF SERVICE RETURNED UNEXECUTED as to Municipal Corportation, Board of Correction, CO John Doe. Document filed by Board of Correction, John Doe Correction Officer, Municipal Corporation, The City of New York. (Pinnock, Nadene) (Entered: 11/08/2012) | |||
| 2012-11-05 | 35 | 0 | REQUEST TO PROCEED IN FORMA PAUPERIS of Anthony Romero in support. Document filed by Anthony Romero. (ja) (Entered: 11/13/2012) | |||
| 2012-11-28 | 36 | 0 | ORDER: Romero has thirty days from the date of this Order to submit a completed prisoner authorization form. If Romero does not do so in the required time, the Court may dismiss Romero as a Plaintiff in this action. 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 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/28/2012) The Clerks Office Has Mailed Copies. (mml) (Entered: 11/28/2012) | |||
| 2012-11-19 | 37 | 0 | LETTER re: CHANGE OF ADDRESS for Mr. Beckman. New Address: 781-041-199, 1064 Franklin Ave, Bronx, NY, 10456. (mro) (Entered: 11/29/2012) | |||
| 2013-01-07 | 38 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from David Alan Rosinus, Jr. dated 1/3/2013 re: Counsel for defendants, requests that their time to respond to the complaint be extended 30 days, until February 6, 2013. ENDORSEMENT: Application is granted. SO ORDERED. Board of Correction answer due 2/6/2013; Captain Brown #1657 answer due 2/6/2013; Captain Elias answer due 2/6/2013; Commissioner Dora B. Schriro answer due 2/6/2013; Correction Officer Spears answer due 2/6/2013; Deputy Williams answer due 2/6/2013; John Doe Correction Officer answer due 2/6/2013; Municipal Corporation, The City of New York answer due 2/6/2013; Warden Ardo answer due 2/6/2013; Warden Duffy answer due 2/6/2013. (Signed by Judge Kenneth M. Karas on 1/7/2013) The Clerks Office Has Mailed Copies. (mml) (Entered: 01/07/2013) | |||
| 2013-01-09 | 39 | 0 | PRISONER AUTHORIZATION pursuant to the "PLRA" and signed by Anthony Romero on 12/04/12. Document filed by Anthony Romero. (sc) (Entered: 01/10/2013) | |||
| 2013-01-14 | 40 | 0 | ORDER: Plaintiff Anthony Romero has now submitted the required forms to proceed with this case in forma pauperis. Leave to proceed in this Court without payment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Kenneth M. Karas on 1/11/2013) The Clerks Office Has Mailed Copies. (mml) (Entered: 01/14/2013) | |||
| 2013-01-31 | 41 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from David A. Rosinus, Jr. dated 1/29/2013 re: I write on behalf of defendants to respectfully request that their time to respond to the complaint be extended by 30 days, from February 6, 2013 until March 8, 2013. This is defendants' second request for an extension of time to respond to the complaint. ENDORSEMENT: Granted., Captain Brown #1657 answer due 3/8/2013; Captain Elias answer due 3/8/2013; Commissioner Dora B. Schriro answer due 3/8/2013; Correction Officer Spears answer due 3/8/2013; Deputy Williams answer due 3/8/2013; Warden Ardo answer due 3/8/2013; Warden Duffy answer due 3/8/2013. (Signed by Judge Kenneth M. Karas on 1/30/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 02/01/2013) | |||
| 2013-02-07 | 43 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from Clifton Little re: The Defendants application for extension should be reviewed and denied in its entirety. ENDORSEMENT: The Court stands by its decision to grant Defendants' request for more time, as it was reasonable. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/7/2012) The Clerks Office Has Mailed Copies. (mml) (Entered: 02/08/2013) | |||
| 2013-03-05 | 44 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from David Alan Rosinus, Jr. dated 3/1/2013 re: Counsel for defendants writes to request that their time to respond to the Complaint be extended to 3/29/2013. ENDORSEMENT: Granted. SO ORDERED. Captain Brown #1657 answer due 3/29/2013; Captain Elias answer due 3/29/2013; Commissioner Dora B. Schriro answer due 3/29/2013; Correction Officer Spears answer due 3/29/2013; Deputy Williams answer due 3/29/2013; John Doe Correction Officer answer due 3/29/2013; Municipal Corporation, The City of New York answer due 3/29/2013; Warden Ardo answer due 3/29/2013; Warden Duffy answer due 3/29/2013. (Signed by Judge Kenneth M. Karas on 3/4/2013) The Clerks Office Has Mailed Copies. (mml) (Entered: 03/05/2013) | |||
| 2013-03-22 | 45 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas, from David Alan Rosinus, Jr., dated 3/21/2013; re: Counsel for the Defendants Commissioner Dora Schriro, Warden Duffy, Warden Agro, Deputy Warden Williams, Captain Elias, Captain Brown, and Correction Officer Spears writes to request that the Court give his Office until April 5, 2013 to comply with the terms of the Valentin Order. And to request that their deadline to respond to the Complaint, which is currently March 29, 2013 be held in abeyance pending service of an amended complaint. ENDORSEMENT: Apology accepted. Both requests are granted. So Ordered. (Signed by Judge Kenneth M. Karas on 3/22/2013) The Clerks Office Has Mailed Copies. (lnl) (Entered: 03/22/2013) | |||
| 2013-04-08 | 46 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from David Alan Rosinus, Jr. dated 4/5/2013 re: Defendants respectfully request that they be given an additional two weeks, from April 5, 2013 until April 19, 2013, for this office to identify these John Doe Defendants. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/5/2013) The Clerks Office Has Mailed Copies. (mml) (Entered: 04/08/2013) | |||
| 2013-04-22 | 47 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from David Alan Rosinus dated 4/19/2013 re: Defendants respectfully request that they be given an additional two weeks, from April 19, 2013 until May 3, 2013, for this office to identify these John Doe Defendants. ENDORSEMENT: Application is granted. Defendants are given until May 3, 2013 to identify the remaining John Doe defendants. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/22/2013) The Clerks Office Has Mailed Copies. (mml) (Entered: 04/22/2013) | |||
| 2013-05-06 | 48 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from David Alan Rosinus dated 5/2/2013 re: I write concerning this Court's Order that this office identify the unidentified Defendants that appear in Plaintiffs' Complaint, pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997). In Defendants' letter to the Court dated April 5, 2013, this office identified the John Doe correction officer who was working at George R. Viemo Center ("G.R.V.C."). housing area 4B on March 3, 2012, during the 3:00p.m. to 11:00 p.m. tour of dutyENDORSEMENT: In light of this letter, Plaintiffs have until June 6, 2013 to file an Amended Complaint. So Ordered. (Signed by Judge Kenneth M. Karas on 5/6/2013) The Clerks Office Has Mailed Copies. (jty) (Entered: 05/06/2013) | |||
| 2013-07-25 | 51 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from David Alan Rosinus, Jr. dated 7/24/2013 re: Counsel requests that the time for all served Defendants to respond to the Complaint be extended until August 30, 2013. This is Defendants' first request for an extension of time to respond to the Amended Complaint. ENDORSEMENT: Granted. SO ORDERED. Captain Brown #1657 answer due 8/30/2013; Captain Elias answer due 8/30/2013; Commissioner Dora B. Schriro answer due 8/30/2013; Correction Officer Spears answer due 8/30/2013; Deputy Williams answer due 8/30/2013; John Doe Correction Officer answer due 8/30/2013; Municipal Corporation, The City of New York answer due 8/30/2013; Warden Ardo answer due 8/30/2013; Warden Duffy answer due 8/30/2013. (Signed by Judge Kenneth M. Karas on 7/25/2013) The Clerks Office Has Mailed Copies. (mml) (Entered: 07/25/2013) | |||
| 2013-09-05 | 52 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from David Alan Rosinus, Jr. dated 8/29/2013 re: Counsel requests that the time for all served Defendants to respond to the Amended Complaint be extended from August 30, 2013 until September 30, 2013. ENDORSEMENT: Application is granted, one last time. SO ORDERED. Captain Brown #1657 answer due 9/30/2013; Captain Elias answer due 9/30/2013; Commissioner Dora B. Schriro answer due 9/30/2013; Correction Officer Spears answer due 9/30/2013; Deputy Williams answer due 9/30/2013; John Doe Correction Officer answer due 9/30/2013; Municipal Corporation, The City of New York answer due 9/30/2013; Warden Ardo answer due 9/30/2013; Warden Duffy answer due 9/30/2013. (Signed by Judge Kenneth M. Karas on 9/4/2013) The Clerks Office Has Mailed Copies. (mml) (Entered: 09/06/2013) | |||
| 2013-09-18 | 53 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from Clifton Little dated 9/5/2013 re: The Defendants application for an extension should be reviewed and denied. ENDORSEMENT: It is true that Defendants should seek consent from Plaintiffs for extensions of time, but there were reasonable and practical factors that excused Defendants in making the request they did. Moreover, Plaintiffs are not prejudiced by the request. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/18/2013) The Clerks Office Has Mailed Copies. (mml) (Entered: 09/18/2013) | |||
| 2013-09-30 | 54 | 0 | NOTICE OF APPEARANCE by David Alan Rosinus, Jr on behalf of Captain Brown #1657, Captain Elias, Commissioner Dora B. Schriro, Correction Officer Spears, Municipal Corporation, The City of New York, Warden Ardo, Warden Duffy. (Rosinus, David) (Entered: 09/30/2013) | |||
| 2013-10-09 | 55 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from David Alan Rosinus, Jr. dated 9/30/2013 re: For these reasons, Defendants respectfully request that the Court schedule a pre motion conference concerning Defendants anticipated motion to dismiss on these grounds. ENDORSEMENT: Defendants are to file their motion to dismiss by November 12, 2013; Plaintiff's response is due December 12, 2013; Defendants' reply is due December 30, 2013., ( Motions due by 11/12/2013., Responses due by 12/12/2013, Replies due by 12/30/2013.) (Signed by Judge Kenneth M. Karas on 10/9/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 10/09/2013) | |||
| 2013-11-12 | 56 | 0 | MOTION to Dismiss. Document filed by Captain Brown #1657, Captain Elias, Commissioner Dora B. Schriro, Correction Officer Spears, Municipal Corporation, The City of New York, Warden Ardo, Warden Duffy. Responses due by 12/12/2013(Rosinus, David) (Entered: 11/12/2013) | |||
| 2013-11-12 | 57 | 0 | MEMORANDUM OF LAW in Support re: 56 MOTION to Dismiss.. Document filed by Captain Brown #1657, Captain Elias, Commissioner Dora B. Schriro, Correction Officer Spears, Municipal Corporation, The City of New York, Warden Ardo, Warden Duffy. (Attachments: # 1 Exhibit A: Plaintiff Little's letter dated July 3, 2013, # 2 Exhibit B: Hand-numbered copy of Amended Complaint)(Rosinus, David) (Entered: 11/12/2013) | |||
| 2013-11-12 | 58 | 0 | CERTIFICATE OF SERVICE of Defendants' Notice of Motion to Dismiss and Defendants' Memorandum of Law in Support of their Motion to Dismiss served on All Plaintiffs on November 12, 2013. Service was made by Mail. Document filed by Captain Brown #1657, Captain Elias, Commissioner Dora B. Schriro, Correction Officer Spears, Municipal Corporation, The City of New York, Warden Ardo, Warden Duffy. (Rosinus, David) (Entered: 11/12/2013) | |||
| 2014-01-21 | 59 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from David Alan Rosinus, Jr. dated 1/15/2014, re: Counsel for the Defendants writes to request for the reasons in this letter; that the Court deem Defendants' motion to dismiss to be fully briefed. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. So Ordered. (Signed by Judge Kenneth M. Karas on 1/21/2014) The Clerks Office Has Mailed Copies. (lnl) (Entered: 01/22/2014) | |||
| 2014-04-28 | 60 | 0 | PRO SE MEMORANDUM(Letter) dated 4/23/14 re: CHANGE OF ADDRESS for Charles Little a/k/a Clifton Little. New Address: DIN#14A0447, Five Points Corr. Facility, State Route 96, Caller Box 119, Romulus, New York, 14541. (sc) Modified on 4/30/2014 (sc). (Entered: 04/30/2014) | |||
| 2014-09-30 | 61 | 0 | OPINION AND ORDER: For the reasons discussed above, Defendants' Motion To Dismiss is granted, and Little's Amended Complaint is dismissed without prejudice. Little may file an amended complaint within 30 days of this Order. The other Plaintiffs must file their own amended complaint, which must include the signature of the Plaintiff to which it is to be attributed, within 30 days of this Order or risk an Order to Show Cause as to why their claims should not be dismissed for failure to prosecute. To be clear, if a Plaintiff cannot sign, and thereby join, another Plaintiff's amended complaint, he must submit his own signed amended complaint to the Court. The Clerk of the Court is respectfully requested to terminate the pending Motion. (See Dkt. No. 56). SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/29/2014) (lnl) (Entered: 09/30/2014) | |||
| 2014-10-10 | 62 | 0 | ENDORSED LETTER addressed to Clerk from Anthony Romero, dated 10/6/2014, re: Plaintiff writes to request an extension of time of another 30 days and a copy of the Original Complaint, to file his Amended Complaint. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 10/10/2014) (lnl) (Entered: 10/10/2014) | |||
| 2014-10-14 | 63 | 0 | LETTER from Anthony Romero dated 10/6/14 re: Plaintiff Anthony Romero requests that the Court grant him an extension of thirty(30) days in which to file his Amended Complaint. Document filed by Anthony Romero.(sc) (Entered: 10/15/2014) | |||
| 2014-10-21 | 64 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from Clifton Little, dated 10/13/2014, re: Plaintiff writes to provide his new address and to request a copy of the first amended complaint, a blank copy of an amended complaint form and a four week extension of time to amend a new complaint. ENDORSEMENT: The Clerk is to note Plaintiff's new address. The Court will send Plaintiff the requested documents and grants Plaintiff's request for an extension, until November 26, 2014, to submit an amended complaint. So Ordered. (Amended Pleadings due by 11/26/2014) (Signed by Judge Kenneth M. Karas on 10/21/2014) (lnl) (Entered: 10/21/2014) | |||
| 2014-10-28 | 65 | 0 | PRO SE MEMORANDUM dated 10/22/14 re: CHANGE OF ADDRESS for Anthony Romero. New Address: DIN#12A3133, Upstate Corr. Facility, P.O. Box 2001, Malone, New York, 12953. (sc) (Entered: 10/30/2014) | |||
| 2014-10-27 | 66 | 0 | (Letter) PRO SE MEMORANDUM dated 10/22/2014 re: CHANGE OF ADDRESS for Anthony Romero. New Address: DIN#12-A-3133, Upstate Corr. Facility, P.O. Box 2001, Malone, New York, 12953. (vn) Modified on 11/5/2014 (vn). (Entered: 11/05/2014) | |||
| 2014-11-07 | 67 | 0 | AMENDED COMPLAINT against Anthony Romero, Clifton Little, Mr. Beckman, Terry Patterson, Martin Concepcion, Jalah Knight, Captain Brown #1657, Captain Elias, Commissioner Dora B. Schriro, Correction Officer Spears, Deputy Williams, John or Jane Doe, Warden Ardo, Warden Duffy, Romeiro Hill, Ms. Jackson amending 2 Complaint,.Document filed by Anthony Romero, Clifton Little, Mr. Beckman, Terry Patterson, Martin Concepcion, Jalah Knight. Related document: 2 Complaint, filed by Anthony Romero, Raymel Thompson, Angel Almestica, Lawrence Marriweather, Mr. Beckman, Martin Concepcion, Kenny Tavarez, Clifton Little, Jalah Knight, Terry Patterson.(sc) (Entered: 11/10/2014) | |||
| 2014-11-10 | 68 | 0 | (SECOND)AMENDED COMPLAINT amending 2 Complaint, against Bernadette Brown, Commissioner Dora B. Schriro, Deputy Williams, Elio Elias, Romeiro Hill, John or Jane Doe, Ms. Jackson, Mikell Spears, Warden Ardo, Warden Duffy with JURY DEMAND.Document filed by Anthony Romero. Related document: 2 Complaint, filed by Anthony Romero, Raymel Thompson, Angel Almestica, Lawrence Marriweather, Mr. Beckman, Martin Concepcion, Kenny Tavarez, Clifton Little, Jalah Knight, Terry Patterson.(Zaepfel, Kenneth) Modified on 11/12/2014 (Zaepfel, Kenneth). (Entered: 11/12/2014) | |||
| 2014-11-24 | 70 | 0 | FIRST LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff Little's Amended Complaint and Plaintiff Romero's Second Amended Complaint addressed to Judge Kenneth M. Karas from David Alan Rosinus, Jr. dated November 24, 2014. Document filed by Bernadette Brown, Commissioner Dora B. Schriro, Elio Elias, Mikell Spears, Warden Ardo, Warden Duffy.(Rosinus, David) (Entered: 11/24/2014) | |||
| 2014-11-25 | 71 | 0 | MEMO ENDORSEMENT granting 70 FIRST LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff Little's Amended Complaint and Plaintiff Romero's Second Amended Complaint addressed to Judge Kenneth M. Karas from David Alan Rosinus, Jr. dated November 24, 2014. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 11/25/2014) (lnl) (Entered: 11/25/2014) | |||
| 2014-11-19 | 72 | 0 | AMENDED COMPLAINT amending 68 Amended Complaint, against Gang Intelligence Officer Gregg, John Doe ESU Officer, John Doe ESU Officers, John Doe Officer, Officer Chapman with JURY DEMAND. Document filed by Clifton Little. Related document: 68 Amended Complaint, filed by Anthony Romero.(lnl) (Entered: 12/03/2014) | |||
| 2014-12-05 | 73 | 0 | LETTER from Lisa M. Barse, Senior Mail & Supply Clerk, Upstate Correctional Facility dated 12/2/2014 re: Legal mail for the above-named offender was recently received from your office. Please be advised that this offender is temporarily absent from this facility and may not return in the immediate future. To avoid the confusion and delay that can accompany repeated attempts to forward this mail, it will be held at this facility until the offender's return. If your correspondence requires a timely response from the offender, you may wish to ascertain the current whereabouts of the offender by contacting the Inmate Records Coordinator of this facility at (518) 483-6997 Ext. 4100. You may then direct a second copy to the offender at the temporary location. Document filed by Anthony Romero.(vn) (Entered: 12/11/2014) | |||
| 2014-12-18 | 74 | 0 | LETTER addressed to Judge Kenneth M. Karas from Clifton Little dated 12/9/14 re: Plaintiff requests that the Court order the defendant to provide the plaintiff with the names and addresses of the John Doe and Jane Doe defendants; and that the plaintiff be provided with enough copies and forms(U.S. Marshals) to serve the named defendants who have not been served. Document filed by Clifton Little.(sc) (Entered: 12/23/2014) | |||
| 2015-01-13 | 75 | 0 | SECOND LETTER MOTION for Extension of Time to File Response/Reply (and first request to hold deadlines to respond to Plaintiff Little's Amended Complaint and Plaintiff Romero's Second Amended Complaint in abeyance) addressed to Judge Kenneth M. Karas from David Alan Rosinus, Jr. dated January 13, 2015. Document filed by Bernadette Brown, Commissioner Dora B. Schriro, Elio Elias, Mikell Spears, Warden Ardo, Warden Duffy.(Rosinus, David) (Entered: 01/13/2015) | |||
| 2015-01-15 | 76 | 0 | MEMO ENDORSEMENT granting 75 SECOND LETTER MOTION for Extension of Time to File Response/Reply (and first request to hold deadlines to respond to Plaintiff Little's Amended Complaint and Plaintiff Romero's Second Amended Complaint in abeyance) addressed to Judge Kenneth M. Karas from David Alan Rosinus, Jr. dated January 13, 2015. ENDORSEMENT: All applications are granted. Defendants need not include the unidentified plumbers in responding to the Court's Valentin Order, as there are insufficient allegations of wrongdoing on their part. Also, Defendants' time to answer is held in abeyance until they have responded to the Valentin Order and Little has filed a Second Amended Complaint. So Ordered. (Signed by Judge Kenneth M. Karas on 1/14/2015) (lnl) (Entered: 01/15/2015) | |||
| 2015-02-04 | 77 | 0 | NOTICE OF APPEARANCE by Evan Robert Schnittman on behalf of Bernadette Brown, Commissioner Dora B. Schriro, Elio Elias, Municipal Corporation, The City of New York, Mikell Spears, Warden Ardo, Warden Duffy. (Schnittman, Evan) (Entered: 02/04/2015) | |||
| 2015-03-09 | 78 | 0 | LETTER addressed to Judge Kenneth M. Karas from Evan Schnittman dated 3/9/15 re: Valentin Order entered January 15, 2015. Document filed by Bernadette Brown, Commissioner Dora B. Schriro, Elio Elias, Municipal Corporation, The City of New York, Mikell Spears, Warden Ardo, Warden Duffy.(Schnittman, Evan) (Entered: 03/09/2015) | |||
| 2015-03-12 | 79 | 0 | MEMO ENDORSEMENT granting 78 LETTER addressed to Judge Kenneth M. Karas from Evan Schnittman dated 3/9/15 re: Valentin Order entered January 15, 2015. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 3/10/2015) (lnl) (Entered: 03/12/2015) | |||
| 2015-03-30 | 80 | 0 | FIRST LETTER MOTION for Extension of Time to comply with Court's Valentin Order addressed to Judge Kenneth M. Karas from Evan Schnittman dated 3/30/15. Document filed by Bernadette Brown, Commissioner Dora B. Schriro, Elio Elias, Mikell Spears, Warden Ardo, Warden Duffy.(Schnittman, Evan) (Entered: 03/30/2015) | |||
| 2015-04-01 | 81 | 0 | MEMO ENDORSEMENT granting 80 FIRST LETTER MOTION for Extension of Time to comply with Court's Valentin Order addressed to Judge Kenneth M. Karas from Evan Schnittman dated 3/30/15. ENDORSEMENT: Granted as to Defendants' request to comply with the Valentin order within two weeks of receiving further information from Plaintiff. The Court will issue a separate order directing Plaintiff to provide additional information. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/31/2015) (lnl) (Entered: 04/01/2015) | |||
| 2015-04-01 | 82 | 0 | ORDER: Plaintiff, currently incarcerated at Upstate Correctional Facility, is proceeding pro se and in forma pauperis. In his Amended Complaint, Plaintiff alleges claims against several John and Jane Doe Defendants, including "John Doe Officer working as the steady clothes box officer from March of2012 until September 2012 on the 7-3pm tour of duty in [the George R. Viemo Center ("GRVC")]," and "John or Jane Doe Officer(s) that searched 47[] cell of 3b on Aug[ust] 4, 2012." (Am. Compl. paragraph I.B.) On January 15, 2015, the Court directed Defendants to identify the John and Jane Doe Defendants who appear in Plaintiff's Amended Complaint pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997), by March 9, 2015. (See Dkt. No. 76.) By letter dated March 9, 2015, Defendants informed the Court that they had partially complied with the Valentin Order and requested an extension of time to continue their attempt to ascertain the identities of certain John Doe Defendants until March 30, 2015, (see Dkt. No. 78), which the Court granted on March 10, 2015, (see Dkt. No. 79). By letter dated March 30, 2015, Defendants informed the Court that they "have made a genuine effort to comply with the Court's Valentin Order, and, to this end have been working with Department of Correction ("DOC") employees to determine the remaining identities of the John [or Jane] Doe Defendants," but seek more information from Plaintiff to ascertain the identities of two (or more) John and/or Jane Doe Defendants. (Dkt. No. 80.) Accordingly, to assist Defendants in identifying the John and/or Jane Doe Defendants, Plaintiff is to provide the following information to Defendants by April 21, 2015. First, as to the "John Doe Officer working as the steady clothes box officer from March of 2012 until September 2012 on the 7-3pm tour of duty in GRVC," Plaintiff is directed to provide the date on which the conduct underlying Plaintiff's claim against the "steady clothes box officer" occurred. Second, as to the "John or Jane Doe Officer(s) that searched 47[] cell of 3b on Aug[ust] 4, 2012," Plaintiff is directed to provide additional information to assist DOC in identifying these Defendants. As ordered in the Memo-Endorsed Letter dated March 31, 2015, (see Dkt. No. 81 ), Defendants' time to comply with the Valentin Order is extended until two weeks after the above information is provided by Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/1/2015) (lnl) (Entered: 04/01/2015) | |||
| 2015-04-21 | 83 | 0 | LETTER addressed to Judge Kenneth M. Karas from Clifton Little dated 4/14/2015 re: Plaintiff writes to request pro bono counsel. Document filed by Clifton Little.(lnl) (Entered: 04/29/2015) | |||
| 2015-05-05 | 84 | 0 | LETTER addressed to Judge Kenneth M. Karas from Evan Schnittman dated 5/5/15 re: Plaintiff Little's April 14, 2015 Letter. Document filed by Bernadette Brown, Commissioner Dora B. Schriro, Elio Elias, Mikell Spears, Warden Ardo, Warden Duffy.(Schnittman, Evan) (Entered: 05/05/2015) | |||
| 2015-05-06 | 85 | 0 | MEMO ENDORSEMENT on 84 LETTER addressed to Judge Kenneth M. Karas from Evan Schnittman dated 5/5/15 re: Plaintiff Little's April 14, 2015 Letter. ENDORSEMENT: Plaintiffs are to respond to this letter by May 20, 2015. So Ordered. (Signed by Judge Kenneth M. Karas on 5/6/2015) (lnl) (Entered: 05/06/2015) | |||
| 2015-05-07 | 86 | 0 | ORDER: For the reasons stated above, Plaintiff's Motion for Assignment of Counsel is denied without prejudice. If circumstances change materially, Plaintiff may renew his request. The Clerk of the Court is respectfully directed to terminate the pending motion. (See Dkt. No. 83.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/7/2015) (lnl) (Entered: 05/07/2015) | |||
| 2015-05-28 | 87 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from Clifton Little, dated 5/17/2015, re: Plaintiff writes to request Pro Bono Counsel and a 90 day extension to investigate and reply to Dkt. No. 85. ENDORSEMENT: The Court previously denied Plaintiff's request for appointment of counsel. As the circumstances have not changed, the Court will not re-visit that ruling at this time. However, should circumstances change, Plaintiff may re-apply for counsel. As to the other request Plaintiff makes herein, Defendants are to respond by June 15, 2015. So Ordered. (Signed by Judge Kenneth M. Karas on 5/28/2015) (lnl) (Entered: 05/28/2015) | |||
| 2015-06-15 | 88 | 0 | LETTER addressed to Judge Kenneth M. Karas from Evan Schnittman dated 6/15/15 re: Response to Plaintiff Little's Letter dated May 17, 2015. Document filed by Bernadette Brown, Commissioner Dora B. Schriro, Elio Elias, Mikell Spears, Warden Ardo, Warden Duffy.(Schnittman, Evan) (Entered: 06/15/2015) | |||
| 2015-06-16 | 89 | 0 | MEMO ENDORSEMENT on 88 LETTER addressed to Judge Kenneth M. Karas from Evan Schnittman dated 6/15/15 re: Response to Plaintiff Little's Letter dated May 17, 2015. ENDORSEMENT: Plaintiff Little is to respond to this letter by July 8, 2015. So Ordered. (Signed by Judge Kenneth M. Karas on 6/16/2015) (lnl) (Entered: 06/16/2015) | |||
| 2015-07-13 | 90 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from Clifton Little re: I am presently unable to respond to the defendants' memo dated June 15, 2015 due to Elmira Correctional Facility not honoring my law library request slips. Furthermore, as to what specifically do I have to respond to is in question, due it not being clearly explained to this lay person in law. Plaintiff request this court for the third time to appoint him a pro bono counsel. ENDORSEMENT: Plaintiff needs to provide any additional information about the doc. defendants in order for counsel for defendants to identify them. This does not require access to a law library. Therefore plaintiff has 30 days to provide this information and no more extensions will be given. Also, the Court denied Plaintiff's request for pro bono counsel on May 7 and no change in circumstances justify revisiting this decision at this time. (Signed by Judge Kenneth M. Karas on 7/13/2015) (rj) (Entered: 07/14/2015) | |||
| 2015-10-26 | 91 | 0 | (LETTER) PRO SE MEMORANDUM dated 10/20/2015 re: CHANGE OF ADDRESS for Anthony Romero. New Address: Anthony Romero, 12-A-3133, Great Meadow Correctional Facility, Box 51, Comstock, NY 12821-0051. (man) (Entered: 10/28/2015) | |||
| 2015-10-28 | 92 | 0 | PRO SE MEMORANDUM(Letter) dated 10/20/15 re: CHANGE OF ADDRESS for Anthony Romero. New Address: #12A3133, Great Meadow C.F., Box 51, Comstock, New York, 12821. (sc) (Entered: 10/30/2015) | |||
| 2016-01-06 | 93 | 0 | INTERNET CITATION NOTE: Material from decision with Internet citation re: 61 Memorandum & Opinion. (Attachments: # 1 Internet Citation) (sj) (Entered: 01/06/2016) | |||
| 2016-02-09 | 94 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from Clifton Little dated 1/25/16 re: request for an extension to respond to defendant's letter dated 6/15/15. ENDORSEMENT: The Court has not received any correspondence similar to what Plaintiff has described. In any event, Plaintiff needs to provide more information about the John Doe Defendants by March 1, 2016, or they will be dismissed. So Ordered., ( Amended Pleadings due by 3/1/2016.) (Signed by Judge Kenneth M. Karas on 2/8/16) (yv) (Entered: 02/09/2016) | |||
| 2016-03-18 | 95 | 0 | ORDER....Because Plaintiff has not responded to the Order, the claims against the Remaining John Does are dismissed, without prejudice, pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute. Additionally, Plaintiff has 30 days from the date of this Order to file a Second Amended Complaint naming the John Doe Defendants identified by Defendants in their March 9, 2015 letter. (Dkt. No. 78.) The Second Amended Complaint will replace, not supplement, the Plaintiffs Amended Complaint. An Amended Civil Rights Complaint form that Plaintiff should complete is attached to this Order. Once Plaintiff has filed the Second Amended Complaint, the Clerk of Court will, if necessary, send instructions to Plaintiff to effect service on the named Defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure. SO ORDERED., John Doe Officer (working as the steady clothes box officer from March 2012 until September of 2012 on the 7-3pm tour of duty in GRVC) terminated. (Signed by Judge Kenneth M. Karas on 3/18/16) (yv) (Entered: 03/21/2016) | |||
| 2016-03-31 | 96 | 0 | ENDORSED LETTER addressed to Judge Kenneth M. Karas from Clifton Little, re: Plaintiff writes to request an extension of time to file his Second Amended Complaint. ENDORSEMENT: Application to extend the time to file a Second Amended Complaint is granted in part. The Second Amended Complaint is to be filed by April 30, 2016. So Ordered. (Amended Pleadings due by 4/30/2016) (Signed by Judge Kenneth M. Karas on 3/31/2016) (lnl) (Entered: 03/31/2016) | |||
| 2016-05-02 | 99 | 0 | (SECOND) AMENDED COMPLAINT against Bailey, Antonio Bravo, Bernadette Brown, Cimato, Commissioner Dora B. Schriro, Cregg, Deputy Williams, Elio Elias, Romeiro Hill, Lewis, Ms. Jackson, Officer Chapman, Mikell Spears, Stokes, Vaughn, Warden Ardo, Warden Duffy, Wynn, Yousif amending 72 Amended Complaint, with JURY DEMAND.Document filed by Clifton Little. Related document: 72 Amended Complaint, filed by Clifton Little.(man) (Entered: 05/05/2016) | |||
| 2016-05-19 | 100 | 0 | LETTER addressed to Judge Kenneth M. Karas from Evan Schnittman dated 5/19/16 re: Pre-Motion Letter. Document filed by Bernadette Brown, Commissioner Dora B. Schriro, Elio Elias, Mikell Spears, Warden Ardo, Warden Duffy.(Schnittman, Evan) (Entered: 05/19/2016) |