ORDER AND REPORT-RECOMMENDATION TH R SE WILEY DANCKS , Magistrate Judge . Michael A. Demuth ("Demuth" or "Plaintiff") commenced this civil rights action under 42 U.S.C. 1983 regarding alleged violations of his constitutional rights. (Dkt. No. 16.) According to Demuth, Corporal Hand ("Defendant"), a correctional officer at Chenango County Correctional Facility, failed to notarize certain "time sensitive" legal material in violation of his First Amendment right to access the courts. (Dkt....
ORDER AND REPORT-RECOMMENDATION TH R SE WILEY DANCKS , Magistrate Judge . Isaac Stroman ("Stroman" or "Plaintiff") commenced this civil rights action under 42 U.S.C. 1983 regarding alleged violations of his constitutional rights. (Dkt. No. 1.) According to Stroman, several correctional officers ("C.O.") at Coxsackie Correctional Facility ("Coxsackie") beat him on February 9, 2015, after he took a shower causing injuries to his head, hand, face, and ribs. (Dkt. No. 1.) Based on these...
DECISION and ORDER ANDREW T. BAXTER , Magistrate Judge . Currently before the Court, is a Social Security action filed by Michael C. ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "the Commissioner") pursuant to 42 U.S.C. 405(g) and 1383(c)(3). This matter was referred to me, for all proceedings and entry of a final judgment, pursuant to N.D.N.Y. General Order No. 18, and in accordance with the provisions of 28 U.S.C. 636(c), Fed. R. Civ. P. 73, N.D.N.Y....
DECISION AND ORDER BRENDA K. SANNES , District Judge . I. INTRODUCTION Pro se plaintiff J'kendric Jirelle Agee ("plaintiff") commenced this civil rights action pursuant to 42 U.S.C. 1983 on or about January 16, 2019. See Dkt. No. 1. On October 10, 2019, the Court accepted plaintiff's amended complaint for filing pursuant to 28 U.S.C. 1915 and 28 U.S.C. 1915A with respect to three claims asserted against five defendants and dismissed the remaining claims. Dkt. No. 16 ("October...
DECISION and ORDER BRENDA K. SANNES , District Judge . I. INTRODUCTION Plaintiff Jay Bradshaw commenced this action by filing a pro se civil rights complaint pursuant to 42 U.S.C. 1983 ("Section 1983"), together with an application to proceed in forma pauperis ("IFP") and a motion for preliminary injunctive relief. Dkt. No. 1 ("Compl."); Dkt. No. 6 ("IFP Application"); Dkt. No. 4 ("Preliminary Injunction Motion"). 1 By Decision and Order filed on October 1, 2019, this Court granted...
MEMORANDUM-DECISION AND ORDER BRENDA K. SANNES , District Judge . I. INTRODUCTION Plaintiff Edward Lev, who is in the custody of the New York Department of Corrections and Community Supervision ("DOCCS") and allegedly suffers from severe mental illness, brings this action under 42 U.S.C. 1983. ( See generally Dkt. No. 9). The Amended Complaint alleges that Plaintiff's confinement in the Residential Mental Health Unit ("RMHU") at Five Points Correctional Facility ("Five Points")...
MEMORANDUM DECISION and ORDER ANDREW T. BAXTER , Magistrate Judge . This matter was referred to me, for all proceedings and entry of a final judgment, pursuant to the Social Security Pilot Program, N.D.N.Y. General Order No. 18, in accordance with the provisions of 28 U.S.C. 636(c), Fed. R. Civ. P. 73, N.D.N.Y. Local Rule 73.1 and the consent of the parties. (Dkt. Nos. 4, 5). I. PROCEDURAL HISTORY Plaintiff filed an application for Supplemental Security Income ("SSI") benefits on...
TRIAL ORDER GLENN T. SUDDABY , Chief District Judge . A telephone conference having been held on December 19, 2019, with counsel for all parties, it appears from the conference that the case is now trial ready. Accordingly, it is hereby ORDERED that the jury trial in this case shall begin on Tuesday, June 2, 2020 at 9:00 a.m. in Syracuse, New York before the Honorable Glenn T. Suddaby, it is hereby ORDERED that any request to the Court to issue a Writ of Habeas Corpus Ad...
MEMORANDUM-DECISION AND ORDER BRENDA K. SANNES , District Judge . I. INTRODUCTION On May 24, 2019, Plaintiff pro se Glenn Federman filed a complaint in New York Supreme Court, Jefferson County, asserting that Defendants, the Town of Lorraine and several of its officials, violated his rights under New York state law, the New York State Constitution, and the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. (Dkt. No. 2). Defendants removed the action...
AMENDED STIPULATION OF VOLUNTARY DISMISSAL THOMAS J. MCAVOY , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and among the parties, through their undersigned counsel, that no party hereto is an infant or incompetent and that the above-captioned action is voluntarily dismissed without prejudice by the following Opt-In Plaintiffs as against all Defendants pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii), without an award of fees or costs to any party: 1. John...
MEMORANDUM-DECISION AND ORDER Hon. Brenda K. Sannes , United States District Judge : I. INTRODUCTION Plaintiff Ramel M. Towns brings this action under 42 U.S.C. 1983 alleging that New York State Troopers Theresa Stannard, Matthew Carniglia, Timothy Mallory, Senior Investigator Karl Meybaum, and Investigator William Shea (collectively "Defendants"), violated his constitutional rights when they detained and searched him following a traffic stop on September 8, 2014 in Warren County, New...
DECISION and ORDER DAVID N. HURD , District Judge . Pro se plaintiff Maurice Hughes brought this civil rights action pursuant to 42 U.S.C. 1983. On September 17, 2019, the Honorable Miroslav Lovric, United States Magistrate Judge, advised by Report-Recommendation that defendants' motions for summary judgment be granted and that plaintiff's Second Amended Complaint be dismissed in its entirety. No objections to the Report-Recommendation have been filed. Based upon a careful review of...
DECISION and ORDER DAVID N. HURD , District Judge . Plaintiff Terry Daum brought this civil rights action pursuant to 42 U.S.C. 1983. On September 5, 2019, the Honorable Daniel J. Stewart, United States Magistrate Judge, held an exhaustion hearing on defendants' affirmative defense of failure to exhaust. On October 30, 2019, Judge Stewart advised by Report-Recommendation that defendants have not sustained their burden of proof on the affirmative defense of failure to exhaust and that...
MEMORANDUM-DECISION AND ORDER FREDERICK J. SCULLIN, JR. , Senior District Judge . I. INTRODUCTION Maryann Overmere ("Plaintiff") brings this action against New York State Trooper Anthony J. Zalocki ("Defendant"), in his personal capacity, seeking compensatory damages, punitive damages, and attorney's fees for violations of her civil rights pursuant to 42 U.S.C. 1983. See generally Dkt. No. 1, Compl. Although her complaint is not a model of clarity, Plaintiff appears to allege that she...
DECISION and ORDER THOMAS J. McAVOY , Senior District Judge . I. BACKGROUND Tyrone Watson filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254, as well as a motion to amend his petition to add an additional claim. Dkt. No. 1, Petition ("Pet."); Dkt. No. 1-1-1-2, Exhibits ("Ex."); Dkt. No. 1-3. 1 On March 1, 2019, the Court administratively closed the action because it had not been properly commenced: petitioner did not pay the statutory filing fee or file a properly...
MEMORANDUM DECISION JAMES K. SINGLETON, JR. , Senior District Judge . Efrain Santos, a New York state prisoner proceeding pro se, filed a Petition for a Writ of Habeas Corpus with this Court pursuant to 28 U.S.C. 2254. Santos is in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS") and incarcerated at Wende Correctional Facility. Respondent has answered the Petition, and Santos has replied. I. BACKGROUND/PRIOR PROCEEDINGS On September 18,...
DECISION and ORDER MAE A. D'AGOSTINO , District Judge . I. INTRODUCTION Petitioner Anson Chi, presently in the custody of the Bureau of Prisons ("BOP"), seeks a writ of habeas corpus pursuant to 28 U.S.C. 2241, asking this Court to compel the BOP to accept petitioner's appeals challenging two disciplinary sanctions. Dkt. No. 1, Petition ("Pet."). Respondent opposed the petition and provided records relevant to petitioner's claims. Dkt. No. 22, Memorandum of Law in Opposition ("Resp....
MEMORANDUM DECISION JAMES K. SINGLETON, JR. , Senior District Judge . Rodney Davis, a New York state prisoner proceeding pro se, filed a Petition for a Writ of Habeas Corpus with this Court pursuant to 28 U.S.C. 2254. Davis is in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS") and incarcerated at Green Haven Correctional Facility. Respondent has answered the Petition, and Davis has replied. I. BACKGROUND/PRIOR PROCEEDINGS On October 10,...
MEMORANDUM DECISION JAMES K. SINGLETON, JR. , Senior District Judge . David L. Kamp, a New York state prisoner represented by counsel, filed a Petition for a Writ of Habeas Corpus with this Court pursuant to 28 U.S.C. 2254. Kamp is in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS") and incarcerated at Coxsackie Correctional Facility. Respondent has answered the Petition, and Kamp has replied. I. BACKGROUND/PRIOR PROCEEDINGS On January 11,...
DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in the above-captioned Social Security action filed by Benjamin M. Mikos ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "Commissioner"), is the Report-Recommendation of Chief United States Magistrate Judge Andrew T. Baxter, filed on November 21, 2019, recommending that the Commissioner's decision denying Plaintiff Social Security benefits be reversed, and this action be...
