DECISION and ORDER THOMAS J. McAVOY , Senior District Judge . Petitioner Germaine Montes seeks federal habeas relief pursuant to 28 U.S.C. 2254. Dkt. No. 1, Petition ("Pet."). Concurrently, petitioner also moved to continue his release on bail throughout the duration of his habeas action. Dkt. No. 3. Respondent was directed to both answer the pending petition and respond to petitioner's motion for bail. Dkt. No. 6, Decision and Order dated 02/20/20 ("February Order"). In compliance with...
DECISION and ORDER DAVID N. HURD , District Judge . Pro se plaintiff Prince Rodgers brought this civil rights action pursuant to 42 U.S.C. 1983. On February 24, 2020, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants' unopposed motion for partial dismissal be granted and that defendants Bruen, Barber, and Annucci be dismissed. Plaintiff timely filed objections to the Report-Recommendation. Based upon a de novo review of the...
REPORT-RECOMMENDATION ANDREW T. BAXTER , Magistrate Judge . This matter has been referred to me for Report and Recommendation by the Honorable David N. Hurd, United States District Judge, pursuant to 28 U.S.C. 636(b) and Local Rules N.D.N.Y. 72.3(c). In this civil rights complaint, plaintiff alleges that the defendants violated his constitutional rights relative to the suspension of his law library privileges while he was incarcerated at Franklin Correctional Facility. ("Franklin C.F.")....
ORDER DANIEL J. STEWART , Magistrate Judge . Defendants have filed a Motion for Summary Judgment in this case. A DVD potentially relevant to the Motion exists which Plaintiff is entitled to view prior to responding to the pending Motion. Plaintiff is presently incarcerated at Clinton Correctional Facility. The Court has been advised that the facility will permit Plaintiff to view the video only if directed to do so by the Court and if the video is sent directly by the Court. Accordingly,...
DECISION and ORDER TH R SE WILEY DANCKS , Magistrate Judge . Currently before the Court, in this Social Security action filed by Rachael V. ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "the Commissioner") pursuant to 42 U.S.C. 405(g), are Plaintiff's motion for judgment on the pleadings and Defendant's motion for judgment on the pleadings. (Dkt. Nos. 9 and 10.) For the reasons set forth below, Plaintiff's motion for judgment on the pleadings is denied and...
JUDGMENT IN A CIVIL CASE MAE A. D'AGOSTINO , District Judge . Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. IT IS ORDERED AND ADJUDGED that Magistrate Judge Hummel's Report-Recommendation and Order (Dkt. No. 59) is ADOPTED in its entirety; and the Court further; ORDERS that Defendants' motions to dismiss are GRANTED; and the Court further ORDERS that Plaintiff's Second Amended...
ORDER MAE A. D'AGOSTINO , District Judge . On April 12, 2018, Plaintiff pro se Walter Lewis ("Plaintiff"), an inmate who was, at all relevant times, in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS"), commenced this action under 42 U.S.C. 1983 alleging that Defendants, employees at Auburn Correctional Facility ("Auburn") violated his federal constitutional rights. See Dkt. No. 1. After the filing of Plaintiff's Amended Complaint, see...
ORDER FREDERICK J. SCULLIN, JR. , Senior District Judge . On July 7, 2016, Plaintiff, an inmate in custody of the New York State Department of Corrections and Community Supervision ( DOCCS ), commenced this action pursuant to 42 U.S.C. 1983 alleging that Defendants violated his constitutional rights. See Dkt. No. 1. Plaintiff filed an amended complaint on December 8, 2016, which the Court ordered stricken from the docket. See Dkt. Nos. 20, 26. Thereafter, Plaintiff filed a second...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE , Senior District Judge . I. Introduction Plaintiff pro se Lilian Kiraka brings this action against her former employer, defendant M&T Bank. 1 (Am. Compl., Dkt. No. 7.) Plaintiff asserts the following three claims: (1) employment discrimination under Title VII 2 ; (2) hostile work environment under Title VII; and (3) breach of contract. 3 ( Id. ) Before the court is M&T Bank's motion to dismiss. (Dkt. No. 20.) II. Background A....
MEMORANDUM-DECISION AND ORDER CHRISTIAN F. HUMMEL , Magistrate Judge . Pending before the Court is plaintiff Kevin Murphy's motion 2 to consolidate the above-captioned action, Murphy v. Onondaga County, et al. , 5:18-CV-1218 (GLS/CFH) ("the Murphy action") with Glover v. County of Onondaga, et al. , 5:18-CV-837 (GLS/ATB) ("the Glover action") pursuant to Federal Rule of Civil Procedure 42 ("Fed. R. Civ. P.") for discovery purposes only. See Dkt. No. 46 ( Murphy Action)....
MEMORANDUM-DECISION AND ORDER SCULLIN , Senior Judge . I. INTRODUCTION Pending before the Court are (1) Defendant's motion for partial judgment on the pleadings pursuant to Rule 12(c), see Dkt. No. 131; (2) Defendant's motion for summary judgment pursuant to Rule 56, see Dkt. No. 136; and (3) Plaintiff's cross-motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, see Dkt. No. 139. II. BACKGROUND A. Undisputed facts The Penn Traffic Company ("...
JUDGMENT IN A CIVIL CASE TH R SE WILEY DANCKS , Magistrate Judge . Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. IT IS ORDERED AND ADJUDGED That Plaintiff's Motion for Judgment on the Pleadings is GRANTED, further Ordered that Defendant's Motion for Judgment on the Pleadings is DENIED, the Commissioner's decision is REVERSED and the Complaint — Social Security Appeal is REMANDED pursuant...
DECISION AND ORDER TH R SE WILEY DANCKS , Magistrate Judge . Currently before the Court, in this Social Security action filed by Mary M. ("Plaintiff") against Andrew Saul, the Commissioner of Social Security ("Defendant" or "the Commissioner") pursuant to 42 U.S.C. 405(g) and 1383(c)(3), are Plaintiff's motion for judgment on the pleadings and Defendant's motion for judgment on the pleadings. (Dkt. Nos. 11 and 12.) For the reasons set forth below, Plaintiff's motion for judgment on the...
DECISION and ORDER DANIEL J. STEWART , Magistrate Judge . Plaintiff commenced this action on July 9, 2019 alleging that Defendants had violated Title VII by engaging in unlawful employment practices. Dkt. No. 1. On August 16, 2019, Defendants filed a Motion to Stay Proceedings. Dkt. No. 12. Plaintiff opposes the Motion. Dkt. Nos. 15 & 16. Defendants' Motion seeks a stay in proceedings "pending resolution of Charging Parties' claims through conciliation." Dkt. No. 12, Defs.' Mem. of Law at...
DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this pro se prisoner civil rights action filed by Eugene A. Bowling, Jr. ("Plaintiff") against the four above-captioned employees of the Washington County Jail ("Defendants"), are the following: (1) Defendants' motion for summary judgment; (2) a Report-Recommendation recommending that Defendants' motion be denied; and (3) Defendants' Objections to the Report-Recommendation. (Dkt. Nos. 27, 39, 42.)...
JUDGMENT IN A CIVIL CASE FREDERICK J. SCULLIN, JR. , Senior District Judge . This action having come to trial or hearing before the Court and the issues having been tried or heard and a decision has been rendered. IT IS ORDERED AND ADJUDGED that Defendants' motion for summary judgment is GRANTED ; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants. All of the above pursuant to a memorandum-decision and order issued by the Honorable...
MEMORANDUM-DECISION AND ORDER FREDERICK J. SCULLIN, JR. , Senior District Judge . I. INTRODUCTION Mattieu Burks ("Plaintiff") brings this action against various correction officers and superintendents ("Defendants"), who work at the Clinton Correctional Facility, seeking special, compensatory, and punitive damages, costs, and attorney's fees for alleged violations of his civil rights while incarcerated at that facility. See generally Dkt. No. 36, Amended Compl. Pending before the Court...
DECISION AND ORDER TH R SE WILEY DANCKS , Magistrate Judge . Currently before the Court, in this Social Security action filed by Jonathan V. ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "the Commissioner") pursuant to 42 U.S.C. 405(g) and 1383(c)(3), are Plaintiff's motion for judgment on the pleadings and Defendant's motion for judgment on the pleadings. (Dkt. Nos. 14 and 18.) For the reasons set forth below, Plaintiff's motion for judgment on the...
MEMORANDUM-DECISION AND ORDER FREDERICK J. SCULLIN, JR. , Senior District Judge . I. INTRODUCTION Pending before the Court is Defendants' motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. See Dkt. No. 42. Plaintiff opposes the motion. See Dkt. No. 48. II. BACKGROUND This case arises out of an incident that occurred in early 2016, in which a child, N.H., accused Plaintiff of inappropriately touching her. On or about January 17, 2016, N.H.'s...
DECISION and ORDER ANDREW T. BAXTER , Magistrate Judge . Currently before the Court, is this Social Security action filed by Daniel R. ("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....
