INTRODUCTION H. KENNETH SCHROEDER, Jr., Magistrate Judge. Pursuant to 28 U.S.C. 636(c), the parties have consented to the assignment of this case to the undersigned to conduct all proceedings in this case, including the entry of final judgment. Dkt. # 9. Plaintiff, proceeding pro se, brought this action pursuant to 42 U.S.C. 1983 seeking compensatory and punitive damages for the alleged violation of his rights under the First and Eighth Amendments. Specifically, plaintiff has alleged...
JOHN T. CURTIN, District Judge. INTRODUCTION Plaintiff brought this action pursuant to 42 U.S.C. 1983. He seeks compensatory damages for the alleged denial of procedural due process and First Amendment rights. Currently pending before the court is the defendant's motion to dismiss (Item 9). BACKGROUND and FACTS Plaintiff commenced this action on July 25, 2011 with the filing of a pro se complaint in the District Court for the Southern District of New York (Item 2). 1 Specifically,...
JOHN T. CURTIN, District Judge. INTRODUCTION Plaintiff brought this action pursuant to 42 U.S.C. 1983 seeking compensatory and punitive damages for the alleged violation of his rights under the First and Eighth Amendments. Currently pending before the court is the defendants' motion for summary judgment (Item 35). BACKGROUND Plaintiff commenced this action on April 26, 2010 with the filing of a pro se complaint pursuant to Title 42 U.S.C. 1983 (Item 1). Specifically, plaintiff, an...
DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiff appeals from a denial of disability insurance benefits by the Commissioner of Social Security ("the Commissioner"). The action is one brought pursuant to 42 U.S.C. 405(g) to review the final determination of the Commissioner. On September 23, 2005, plaintiff, then thirty-one years old, filed an application for a period of disability and disability insurance benefits under Title II of the Social Security Act. Plaintiff alleged...
DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiff, Karen Spencer ("plaintiff" or "Spencer"), was formerly employed by the Holley Central School District ("District" or "defendant") as a school bus driver. On December 5, 2005, Spencer was involved in an accident while she was driving a school bus loaded with students on their way home from school. Spencer rear-ended another school bus which had stopped to discharge passengers. The School District pursued disciplinary actions and...
DECISION and ORDER LESLIE G. FOSCHIO, Magistrate Judge. JURISDICTION This case was referred to the undersigned by Honorable Richard J. Arcara on May 27, 2011 for pretrial matters. It is presently before the court on Defendants' Application for Recovery of Expenses (Doc. No. 517), filed September 7, 2012. BACKGROUND and FACTS 1 Plaintiff Paul D. Ceglia ("Plaintiff" or "Ceglia"), filed the original complaint in this action on June 30, 2010, in New York Supreme Court, Allegany County. On...
JOHN T. CURTIN, District Judge. Plaintiff Deeksha K. Singh commenced this lawsuit on May 9, 2006, as a putative class action against her former employer, the New York State Department of Taxation & Finance ("NYSDOTF"), alleging discrimination based on her sex (female) and national origin (India) in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e et seq. Item 1. Plaintiff was subsequently granted leave to amend the complaint by adding several new...
DECISION AND ORDER DAVID G. LARIMER, District Judge. This action was commenced in New York Supreme Court, Monroe County, by plaintiffs Rosemarie Ozbakir and Ali Demir, against sixteen defendants, alleging various claims arising out of the sale of certain commercial real property ("premises" or "property") in East Rochester, New York. The action was removed to this Court by one of the defendants, Sovereign JF, SPE Manager, Inc., on the basis of federal question jurisdiction under 28 U.S.C....
DECISION & ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION Siragusa, J. Francisco Peralta, ("Plaintiff"), was formerly an inmate in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS"). He brought this pro se civil rights action pursuant to 42 U.S.C. 1983 against Defendant for alleged violations of his Constitutional rights under the Eighth Amendment regarding medical care that he received at Wende Correctional Facility ("Wende") in...
DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiff appeals from a denial of disability benefits by the Commissioner of Social Security ("the Commissioner"). The action is one brought pursuant to 42 U.S.C. 405(g) to review the final determination of the Commissioner. On June 4, 2009, plaintiff filed applications for a period of disability and disability insurance benefits under Title II of the Social Security Act, and supplemental security income under Title XVI. Plaintiff...
DECISION AND ORDER DAVID G. LARIMER, District Judge. Defendant James Kimble ("Kimble") is charged in a one-count indictment with failure to register as a sex offender under the Sex Offender Registration and Notification Act ("SORNA" or "the Act") which was enacted in July 2006. Kimble was sentenced for rape in Monroe County Court in March 1983. He completed his sentence and initially registered in New York State. He left New York, though, and moved to Florida and the violation for failing to...
REPORT and RECOMMENDATION LESLIE G. FOSCHIO, Magistrate Judge. JURISDICTION This matter was referred to the undersigned for all pretrial matters by order of Hon. Richard J. Arcara on December 13, 2010 (Doc. No. 31). It is presently before the court on Plaintiff's motion for voluntary dismissal pursuant to Fed.R.Civ.P. 41(a)(2) ("Plaintiff's motion") (Doc. No. 144). BACKGROUND and FACTS 1 Initially commenced in the Eastern District of Missouri, this action was transferred to this district...
DECISION and ORDER LESLIE G. FOSCHIO, Magistrate Judge. JURISDICTION This case was referred to the undersigned by Honorable Richard J. Arcara on May 27, 2011 for pretrial matters. The action is presently before the court on Defendants' Motion for Production (Doc. No. 553), filed September 27, 2012. BACKGROUND 1 Plaintiff Paul D. Ceglia ("Plaintiff" or "Ceglia"), filed the original complaint in this action on June 30, 2010, in New York Supreme Court, Allegany County. On July 9, 2010,...
DECISION AND ORDER WILLIAM M. SKRETNY, Chief Judge. I. INTRODUCTION In March of 2010 Conrad Mikulec was arrested after a confrontation with a waitress at a night club in the Town of Cheektowaga. Mikulec asserts that the officers involved in this incident — the defendants in this case — lacked probable cause to arrest him, used excessive force against him, were indifferent to his medical needs, and unnecessarily prolonged his detention. As such, he brings this action under 42 U.S.C. 1983,...
DECISION and ORDER LESLIE G. FOSCHIO, Magistrate Judge. JURISDICTION This case was referred to the undersigned by Honorable Richard J. Arcara on May 27, 2011 for pretrial matters. The action is presently before the court on Defendants' Eighth and Ninth Motions to Compel (Docs. Nos. 511 and 521), respectively filed September 5 and 7, 2012. BACKGROUND and FACTS 1 The original complaint in this action was filed on June 30, 2010, in New York Supreme Court, Allegany County. On July 9, 2010,...
DECISION AND ORDER DAVID G. LARIMER, District Judge. Defendant Michael Greer ("Greer") has filed a motion, pro se, pursuant to 28 U.S.C. 2255 seeking to vacate the sentence and judgment entered October 15, 2009. Greer contends that his trial counsel provided ineffective assistance of counsel. The motion is in all respects denied. Greer was convicted after trial of possessing a firearm and ammunition, having been previously convicted of a felony. The Court sentenced Greer principally to...
DECISION and ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION This is an action in rem for forfeiture pursuant to 18 U.S.C. 2323(a)(1)(A) and (a)(1)(B). Before the Court is a motion to dismiss the Government's forfeiture complaint brought by Claimant Brighton Trading, Inc. ("Brighton Trading" or "the claimant") pursuant to Federal Rule of Civil Procedure 12(b)(6), ECF No. 11, and the Government's motion to strike Brighton Trading's claim pursuant to Rule G(8)(c) of the...
DECISION AND ORDER DAVID G. LARIMER, District Judge. In this action brought pursuant to 42 U.S.C. 405(g) to review the final determination of the Commissioner of Social Security ("the Commissioner"), plaintiff Christine Coppeta ("plaintiff") appeals from the Commissioner's denial of disability insurance benefits. On July 14, 2008, plaintiff, then 45 years old, filed an application for disability insurance benefits under Title II of the Social Security Act. Plaintiff alleged an inability...
DECISION AND ORDER DAVID G. LARIMER, District Judge. INTRODUCTION Plaintiff Carmella Chamberlain ("Plaintiff"), proceeding pro se, appeals from a denial by the Commissioner of Social Security ("Commissioner") of her request that her Social Security Administration ("SSA") earnings record be amended to reflect wages she claims were not credited to her during a six year period. This action is brought pursuant to 42 U.S.C. 405(g) to review the final determination of the Commissioner. The...
DECISION AND ORDER LESLIE G. FOSCHIO, Magistrate Judge. JURISDICTION This action was referred to the undersigned by Honorable Richard J. Arcara on May 27, 2011 for pretrial matters. The action is presently before the court on Plaintiff's motion to strike Defendants' expert witness report (Doc. No. 499), filed August 22, 2012. BACKGROUND and FACTS 1 In this action, Plaintiff Paul D. Ceglia ("Plaintiff"), alleges that a "Work for Hire" contract ("the purported contract"), purportedly...
