DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . Defendant Edwin T. Murray ("Defendant") is charged in a four-count indictment as follows: (1) possession of cocaine with intent to distribute, in violation of 21 U.S.C. 841(a)(1) and 841(b)(1)(C); (2) use of a premises to manufacture, distribute, and use a controlled substance, in violation of 21 U.S.C. 856(a)(1); (3) possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. 924(c)(1)(A)(i)...
REPORT, RECOMMENDATION AND ORDER H. KENNETH SCHROEDER, Jr. , Magistrate Judge . This case was referred to the undersigned by the Hon. Richard J. Arcara, in accordance with 28 U.S.C. 636(b)(1), for all pretrial matters and to hear and report on dispositive motions. PRELIMINARY STATEMENT The defendant, Jeffrey Coleman ("the defendant"), is charged in an indictment, along with co-defendant Steven Martinez ("the co-defendant") and others with having violated Title 21 U.S.C. 841(a)(1),...
DECISION & ORDER FRANK P. GERACI, Jr. , Chief District Judge . INTRODUCTION Plaintiff Covanex, Inc. ("Covanex") originally brought this action on December 31, 2013 in New York State Supreme Court, County of Steuben, asserting a breach of contract claim against former employees Vijay Duvvada ("Duvvada") and Srinivasarao Kasa ("Kasa") and various business torts against Duvvada, Kasa, and competitor Resource America Information Technology, Inc. ("RAIT"). After removing the case to this...
DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . INTRODUCTION Plaintiff Paul Anthony Eulett ("Plaintiff"), a detainee in the custody of Immigration and Customs Enforcement ("ICE"), commenced the instant action on April 21, 2014. (Dkt. 1). The operative pleading in this action is the Third Amended Complaint, which was filed on August 11, 2014. (Dkt. 10). In the Third Amended Complaint, Plaintiff alleges that while he was housed at the Buffalo Federal Detention Facility in Batavia,...
DECISION AND ORDER FRANK P. GERACI, Jr. , District Judge . At all times relevant for this Order, Plaintiff Derrick Anderson was an inmate at Erie County Holding Center in Buffalo, New York. He brings this action pro se under 42 U.S.C. 1983 for damages against Nurse Serena Buie, Nurse Joe Wertman, Nurse Duane Gantt, Sheriff Timothy B. Howard, and former County Executive of Erie County Chris Collins. ECF No. 4. All Defendants have moved to dismiss the Amended Complaint. ECF Nos. 15, 19,...
DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . INTRODUCTION Plaintiff Shawn Green ("Plaintiff") commenced the instant action on February 7, 2011. (Dkt. 1). The operative pleading is the Second Amended Complaint filed on August 26, 2012. (Dkt. 44). Plaintiff alleges various constitutional violations arising out of his incarceration at the Elmira Correctional Facility. ( Id. ). Plaintiff has named 34 employees of the Department of Corrections and Community Supervision ("DOCCS")...
BACKGROUND ELIZABETH A. WOLFORD , District Judge . Plaintiff Vicki L. Smithers ("Plaintiff") commenced the instant action on May 21, 2014, alleging that she was discriminated against during the course of her employment with the United States Postal Service. (Dkt. 1). On April 22, 2015, Defendants Jennifer Specth, Molly Knight, and Patrick R. Donahoe (collectively "Defendants") filed a motion to dismiss the Complaint, arguing that: (1) Plaintiff has failed to properly serve Defendants; (2)...
DECISION AND ORDER HUGH B. SCOTT , Magistrate Judge . I. INTRODUCTION On November 25, 2015, agents from the Erie County Sheriff's Office executed a state search warrant at the residence of defendant Darryl Bagby ("Bagby"). Agents found Bagby on a couch and more than $19,000 of cash under the couch cushions. Agents recovered more than eight ounces of cocaine from the residence, along with a digital scale and packing and cutting agents. Agents also recovered two rounds of ammunition from a...
DECISION AND ORDER FRANK P. GERACI, Jr. , Chief District Judge . Plaintiff William Crenshaw commenced this action against six Defendants, including the Honorable Charles J. Siragusa, in the Clinton County Supreme Court, and on April 20, 2015, that state court action was removed to this court pursuant to 28 U.S.C. 1441 and 1446. See ECF No. 1. The Honorable Charles J. Siragusa is a United States District Judge for the Western District of New York, and because of the close relationship...
DECISION & ORDER FRANK P. GERACI, Jr. , Chief District Judge . INTRODUCTION In this civil rights action under 42 U.S.C. 1983, pro se Plaintiff Dannie Sims ("Plaintiff") alleges Defendants violated his constitutional rights when he was arrested and prosecuted in 2009 for Attempted Identity Theft in the First Degree, Criminal Impersonation in the Second Degree, and Conspiracy in the Fifth Degree. ECF No. 1. After Plaintiff's Complaint was screened by the Court pursuant to 28 U.S.C....
DECISION AND ORDER FRANK P. GERACI, Jr. , Chief District Judge . Plaintiffs Adam Richard Klyczek and Housing Opportunities Made Equal, Inc. commenced this action against Catherine Stramaglia Shannon ("Shannon") pursuant to the Fair Housing Act, 42 U.S.C. 3601 et seq., and the New York Human Rights Law, Executive Law 290 et seq. The Complaint arises out of events that allegedly took place between April 2015 and July 2015. See ECF No. 1. Shannon is a Court Law Clerk employed by the...
DECISION & ORDER JONATHAN W. FELDMAN , Magistrate Judge . Preliminary Statement Plaintiff John Geil brings this action pursuant to Titles II and XVI of the Social Security Act seeking review of the final decision of the Commissioner of Social Security ("the Commissioner") denying his applications for disability insurance benefits and supplemental security income. See Complaint (Docket # 1). Presently before the Court are the parties' competing motions for judgment on the pleadings...
DECISION & ORDER MARIAN W. PAYSON , Magistrate Judge . On March 30, 2015, plaintiff Michael John Gochnour ("plaintiff") filed a complaint pursuant to 42 U.S.C. 1983, alleging that the defendants violated his constitutional rights while he was incarcerated at Five Points Correctional Facility in Romulus, New York. (Docket # 1). Currently before this Court are plaintiff's requests for appointment of counsel. (Docket ## 12, 13, 15). In his submissions, plaintiff states that he suffers from...
DECISION AND ORDER MICHAEL A. TELESCA , District Judge . I. Introduction Represented by counsel, Michelle Marie Ebelink ("Plaintiff") has brought this action on behalf of her infant stepson ("C.D.E." or "Claimant") pursuant to Title XVI of the Social Security Act ("the Act"), seeking review of the final decision of the Commissioner of Social Security ("the Commissioner") denying C.D.E.'s application for Supplemental Security Income ("SSI"). This Court has jurisdiction over the matter...
DECISION AND ORDER H. KENNETH SCHROEDER, Jr. , Magistrate Judge . This case was referred to the undersigned by the Hon. William M. Skretny, pursuant to 28 U.S.C. 636(b)(1), for all pretrial matters. Dkt. #9. The United States commenced this action by filing a Verified Complaint for Forfeiture of $5,470.00 U.S. currency seized during the course of a home inspection by the Federal Probation Office and Niagara Falls Narcotics Unit of claimant Ronald J. Bennett at his residence in Niagara...
ORDER LAWRENCE J. VILARDO , District Judge . On November 27, 2013, United States District Judge Richard J. Arcara referred this case to Magistrate Judge Jeremiah J. McCarthy pursuant to 28 U.S.C. 636(b)(1)(B). On October 30, 2015, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that the defendant's motion for judgment on the pleadings be denied and that the plaintiff's motion for judgment on the pleadings be granted to the extent that the case be remanded to the...
DECISION AND ORDER JEREMIAH J. McCARTHY , Magistrate Judge . In accordance with 28 U.S.C. 636(c), the parties have consented to jurisdiction by a United States Magistrate Judge [111]. 1 Before me is the motion by third-party defendant Merz Metal & Machine Corp. ("Merz") to compel a second deposition and independent medical examination ("IME") of plaintiff pursuant to Fed.R.Civ.P. ("Rule") 30(a)(2)(A)(ii) and 35(a)(2)(A) [118]. Defendant Morton International, Inc. ("Morton International")...
DECISION AND ORDER WILLIAM M. SKRETNY , District Judge . 1. Plaintiff Daryl S. Gruka challenges an Administrative Law Judge's ("ALJ") determination that he is not disabled within the meaning of the Social Security Act ("the Act"). Plaintiff alleges that he has been disabled since March 10, 2010, due to back and knee pain, lower leg limitations related to burn scars, and obesity. Plaintiff protectively filed applications for Disability Insurance Benefits (DIB) and Supplemental Security...
DECISION AND ORDER WILLIAM M. SKRETNY , District Judge . I. INTRODUCTION In this action, pro se plaintiff Wanda Sealey alleges that the defendant corrections officers illegally denied her access to the Wyoming Correctional Facility by subjecting her to harassing and abusive security-screening procedures when she tried to visit her inmate brother. Sealey contends that Defendants violated her First, Fourth, 2 Thirteenth, and Fourteenth Amendment rights. She brings her claims under 42 U.S.C....
DECISION and ORDER MICHAEL A. TELESCA , District Judge . I. Introduction Represented by counsel, Melissa Ann Cole ("Plaintiff") brings this action pursuant to Title II of the Social Security Act ("the Act"), seeking review of the final decision of the Commissioner of Social Security ("the Commissioner") denying her application for Disability Insurance Benefits ("DIB"). This Court has jurisdiction over the matter pursuant to 42 U.S.C. 405(g), 1383(c). II. Procedural Status On...
