1
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COMPLAINT filed; (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/10/2001)
|
Oct. 10, 2001
|
Oct. 10, 2001
|
2
|
In Forma Pauperis Application filed by David Donhauser (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/10/2001)
|
Oct. 10, 2001
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Oct. 10, 2001
|
3
|
Executed Inmate Authorization Form for In Forma Pauperis (Incremental filing fee payments) for − David Donhauser (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/10/2001)
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Oct. 10, 2001
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Oct. 10, 2001
|
4
|
MOTION by David Donhauser for Temporary Restraining Order Motion returnable before Judge/Mag. Judge: Sharpe (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/10/2001)
|
Oct. 10, 2001
|
Oct. 10, 2001
|
|
Motion(s) referred: [4−1] motion for Temporary Restraining Order referred to Magistrate Judge Gary L. Sharpe (fce) (Entered: 10/10/2001)
|
Oct. 10, 2001
|
Oct. 10, 2001
|
5
|
DOCUMENT REJECTION ORDER as to Mauern Ashford El; request to be added as a plaintiff to the action must be in a form of a motion. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 10/23/01 (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/23/2001)
|
Oct. 23, 2001
|
Oct. 23, 2001
|
6
|
DOCUMENT REJECTION ORDER as to Richard Schwartz and Roy C. Holmes; a motion must be filed before additional parties can be added as plaintiffs in this action. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 10/24/01 (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/24/2001)
|
Oct. 24, 2001
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Oct. 24, 2001
|
7
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DOCUMENT REJECTION ORDER as to Joseph Hutzler; request to be added as a plaintiff in this action must be done by motin. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 10/26/01 (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/26/2001)
|
Oct. 26, 2001
|
Oct. 26, 2001
|
8
|
ORDER rejecting the request of Leon Gant, Sr. to be added as a plaintiff in this action, for not being in the form of a motion. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 10/31/01 (rjb) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/31/2001)
|
Oct. 30, 2001
|
Oct. 30, 2001
|
9
|
Order Directing Compliance as to David Donhauser. Plaintiff ordered to file an amended complaint within 30 days of the date of this order or the action shall be dismissed without further order of the court. Plaintiff's IFP application is granted and clerk directed to provide supt. of the facility with copy of the Inmate Authorization form. If plaintiff complies with this order, the file shall be forwarded to the undersigned for further review. Date Served: 11/1/01 Date Entered: 11/02/01 Notice of compliance due by 12/1/01 Clerk's action due by 12/31/01 ( Signed by Judge David N. Hurd ) (fce) (Entered: 11/02/2001)
|
Nov. 1, 2001
|
Nov. 1, 2001
|
9
|
ORDER denying [4−1] motion for Temporary Restraining Order, granting [2−1] application ( signed by Judge David N. Hurd ) (fce) (Entered: 11/02/2001)
|
Nov. 2, 2001
|
Nov. 2, 2001
|
|
Forwarded Inmate Authorization form to Supt. (fce) (Entered: 11/02/2001)
|
Nov. 2, 2001
|
Nov. 2, 2001
|
|
PRO SE HANDBOOK issued to David Donhauser by mail. (tjm) (Entered: 11/28/2001)
|
Nov. 28, 2001
|
Nov. 28, 2001
|
10
|
***STRICKEN FROM THE RECORD BY ORDER OF JUDGE HURD FILED 3/22/02*** AMENDED COMPLAINT by David Donhauser, amends [1−1] complaint (fce) Modified on 03/22/2002 (Entered: 12/04/2001)
|
Dec. 4, 2001
|
Dec. 4, 2001
|
11
|
DOCUMENT REJECTION ORDER as to Ashford−El; request by Ashford−El to be added as a party to this action must be in the form of a motion. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 1/18/02 (fce) Additional
|
Jan. 18, 2002
|
Jan. 18, 2002
|
12
|
ORDER, Striking [10−1] amended complaint ( signed by Judge David N. Hurd ) Date Entered: 3/22/02 (rjb) (Entered: 03/22/2002)
|
March 22, 2002
|
March 22, 2002
|
13
|
AMENDED COMPLAINT by David Donhauser, amends [1−1] complaint (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 04/23/2002)
|
April 23, 2002
|
April 23, 2002
|
14
|
ORDER directing the Clerk to issue summons and forward w/copies of the amended complaint to the U.S. Marshals for service. ( signed by Magistrate Judge Gary L. Sharpe ) Date Entered: 5/6/02 (fce) (Entered: 05/06/2002)
|
May 6, 2002
|
May 6, 2002
|
15
|
NOTICE of the Clerk to Donhauser dd. 5/6/02 advising plaintiff to submit 5 copies of his amended complaint to the Clerk's Office for service upon the defts. (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 05/06/2002)
|
May 6, 2002
|
May 6, 2002
|
|
SUMMONS(ES) issued for Glenn S. Goord, Martha E. Yourth, Dominic Martinelli, S. Carter (fce) (Entered: 05/15/2002)
|
May 15, 2002
|
May 15, 2002
|
16
|
DOCUMENT REJECTION ORDER as to Donhauser; motion to "certify action as class action" did not have an affidavit or memorandum of law. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 5/22/02 (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 05/22/2002)
|
May 22, 2002
|
May 22, 2002
|
17
|
ACKNOWLEDGEMENT OF SERVICE as to Glenn S. Goord on 5/29/02 : Answer due on 6/18/02 for Glenn S. Goord (nas) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 05/31/2002)
|
May 31, 2002
|
May 31, 2002
|
18
|
Marshal's Bill of costs as to Donhauser for $24.00. (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 06/10/2002)
|
June 10, 2002
|
June 10, 2002
|
19
|
ACKNOWLEDGEMENT OF SERVICE as to Martha E. Yourth on 6/4/02 : Answer due on 6/24/02 for Martha E. Yourth (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 06/10/2002)
|
June 10, 2002
|
June 10, 2002
|
20
|
ACKNOWLEDGEMENT OF SERVICE as to Dominic Martinelli on 5/29/02 : Answer due on 6/18/02 for Dominic Martinelli (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 06/10/2002)
|
June 10, 2002
|
June 10, 2002
|
21
|
REQUEST by AAG Sheingold and ORDER, extending Answer deadline to 7/29/02 for Dominic Martinelli, for Martha E. Yourth, for Glenn S. Goord ( signed by Magistrate Judge Gary L. Sharpe ) (rjb) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 06/12/2002)
|
June 12, 2002
|
June 12, 2002
|
22
|
MOTION, w/attached exhibits, by David Donhauser for Appointment of Counsel Motion returnable before Judge/Mag. Judge: Sharpe (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/01/2002)
|
July 1, 2002
|
July 1, 2002
|
23
|
MOTION w/attached affidavit and memorandum of law by David Donhauser to certify action as class action , Hearing set for 7/29/02, Response Deadline 7/15/02 Motion returnable before Judge/Mag. Judge: Sharpe **Motion STAYED as per [27−1] request and order, pending resolution of dft's motion to dismiss.*** (fce) Modified on 03/12/2003 Additional attachment(s) added on 2/14/2005 (nas, ). (Entered: 07/01/2002)
|
July 1, 2002
|
July 1, 2002
|
24
|
DOCUMENT REJECTION ORDER as to Donhauser; motion for preliminary injunction did not have an affidavit or memorandum of law. ( signed by Magistrate Judge Gary L. Sharpe ) Date Entered: 7/3/02 (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/03/2002)
|
July 3, 2002
|
July 3, 2002
|
25
|
MOTION by Glenn S. Goord, Martha E. Yourth, Dominic Martinelli, S. Carter to Dismiss the complaint , Hearing set for 8/15/02 , Response Deadline 8/1/02 Motion returnable before Judge/Mag. Judge: Sharpe (fce) Additional attachment(s) added on 9/1/2004 (cbm, ). (Entered: 07/18/2002)
|
July 18, 2002
|
July 18, 2002
|
26
|
MEMORANDUM w/attached exhibits by Glenn S. Goord, Martha E. Yourth, Dominic Martinelli, S. Carter in support of [25−1] motion to Dismiss the complaint (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/18/2002)
|
July 18, 2002
|
July 18, 2002
|
27
|
REQUEST by Atty. Sheingold for a stay on plt'f motion for class certification and ORDER plaintiff's motion for class certification is STAYED pending resolution of dft's motion to dismiss. (signed by CDB as directed by Magistrate Judge Gustave J. DiBianco) (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/22/2002)
|
July 22, 2002
|
July 22, 2002
|
28
|
REQUEST by Donhauser and ORDER DENYING said request because the Court cannot determine what deadline is being sought to extend or what papers Donhauser wishes to reply to. Request is denied as being unclear. ( signed by C. Brown as directed by Magistrate Judge Gary L. Sharpe ) (nas) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/25/2002)
|
July 25, 2002
|
July 25, 2002
|
29
|
MOTION w/attached affidavit and memorandum of law by David Donhauser for Preliminary Injunction , Hearing set for <date not set> , Response Deadline <date not set> Motion returnable before Judge/Mag. Judge: Sharpe (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/26/2002)
|
July 26, 2002
|
July 26, 2002
|
30
|
Scheduling Notice:, Motion Hearing set for 8/26/02 re: [29−1] motion for Preliminary Injunction , Response to Motion reset to 8/12/02 for [29−1] motion for Preliminary Injunction (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/26/2002)
|
July 26, 2002
|
July 26, 2002
|
31
|
REQUEST by Donhauser and ORDER, Response to Motion reset to 8/29/02 for [25−1] motion to Dismiss the complaint ( signed by A. Maloney as directed by Magistrate Judge Gary L. Sharpe ) (nas) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/31/2002)
|
July 31, 2002
|
July 31, 2002
|
32
|
ORDER rejecting Donhauser's "Request for Production of Documents Under Discovery" as discovery is not filed with the Court. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 7/31/02 (rjb) (Entered: 07/31/2002)
|
July 31, 2002
|
July 31, 2002
|
33
|
AFFIRMATION/RESPONSE by Defendants to plaintiff's [29−1] motion for Preliminary Injunction (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 08/13/2002)
|
Aug. 12, 2002
|
Aug. 12, 2002
|
34
|
MEMORANDUM by defendants in support of [33−1] motion response (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 08/13/2002)
|
Aug. 12, 2002
|
Aug. 12, 2002
|
35
|
ORDER denying [22−1] motion for Appointment of Counsel w/out prejudice. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 8/14/02 (fce) (Entered: 08/14/2002)
|
Aug. 14, 2002
|
Aug. 14, 2002
|
36
|
MOTION w/attached affirmation by defendants For a protective Order and to Stay discovery Hearing set for <date not set> , Response Deadline <date not set> Motion returnable before Judge/Mag. Judge: Sharpe (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 08/16/2002)
|
Aug. 15, 2002
|
Aug. 15, 2002
|
37
|
MEMORANDUM by defendants in support of [36−1] motion For a protective Order and to Stay discovery (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 08/16/2002)
|
Aug. 15, 2002
|
Aug. 15, 2002
|
38
|
Scheduling Notice:, Motion Hearing set for 9/13/02 re: [36−1] motion For a protective Order and to Stay discovery , Response to Motion reset to 8/30/02 for [29−1] motion for Preliminary Injunction (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 08/16/2002)
|
Aug. 16, 2002
|
Aug. 16, 2002
|
39
|
ACKNOWLEDGEMENT OF SERVICE as to S. Carter on 8/7/02 : Answer due on 8/27/02 for S. Carter (rjb) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 08/19/2002)
|
Aug. 19, 2002
|
Aug. 19, 2002
|
|
Sent Donhauser a copy of docket sheet as per his 8/18/02 request. Plaintiff submitted a check for $2.00 for the cost of the docket sheet. Receipt no. 65574. (fce) (Entered: 08/22/2002)
|
Aug. 22, 2002
|
Aug. 22, 2002
|
41
|
REQUEST by Donhauser and ORDER GRANTING, Response to Motion reset to 9/30/02 for [25−1] motion to Dismiss the complaint ( signed by C. Brown as directed by Magistrate Judge Gary L. Sharpe ) (nas) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 08/26/2002)
|
Aug. 26, 2002
|
Aug. 26, 2002
|
42
|
REQUEST by Nelson Sheingold, AAG, and ORDER denying request for stay of the motion for injunctive relief ( signed by C. Brown as directed by Magistrate Judge Gary L. Sharpe ) (nas) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 08/26/2002)
|
Aug. 26, 2002
|
Aug. 26, 2002
|
43
|
RESPONSE by David Donhauser to [25−1] motion to Dismiss the complaint (rjb) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 10/02/2002)
|
Oct. 1, 2002
|
Oct. 1, 2002
|
44
|
MEMORANDUM by David Donhauser in opposition to [25−1] motion to Dismiss the complaint (rjb) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 10/02/2002)
|
Oct. 1, 2002
|
Oct. 1, 2002
|
45
|
ORDER granting [36−1] motion For a protective Order and to Stay discovery, denying [29−1] motion for Preliminary Injunction and Ordered, ikf motion to dismiss is denied, clerk shall forward file to the Court for setting of pretrial deadlines ( signed by Judge David N. Hurd ) Date Entered: 10/3/02 (fce) (Entered: 10/03/2002)
|
Oct. 3, 2002
|
Oct. 3, 2002
|
|
Motion(s) referred: [25−1] motion to Dismiss the complaint referred to Magistrate Judge Gary L. Sharpe (rjb) (Entered: 10/06/2002)
|
Oct. 6, 2002
|
Oct. 6, 2002
|
46
|
DOCUMENT REJECTION ORDER as to Donhauser; ntc. of address change not served upon opposition. **address updated in system** (signed by Magistrate Judge Gustave J. DiBianco) Date Entered: 1/8/03 (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 01/08/2003)
|
Jan. 8, 2003
|
Jan. 8, 2003
|
47
|
Change of Address received. Effective date: 1/12/03 from/for plaintiff David Donhauser New Address: Mid−State Corr. Facility (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 01/14/2003)
|
Jan. 14, 2003
|
Jan. 14, 2003
|
48
|
REPORT AND RECOMMENDATIONS of Magistrate Judge Gary L. Sharpe; it is RECOMMENDED that dft's motion to dismiss be GRANTED. Service Date: 1/22/03 Re: (Objection to R and R due by 2/11/03 for S. Carter, for Dominic Martinelli, for parties (signed by Magistrate Judge Sharpe 1/22/03) Motion(s) no longer referred (fce) (Entered: 01/22/2003)
|
Jan. 22, 2003
|
Jan. 22, 2003
|
|
Motion(s) no longer referred: [25−1] motion to Dismiss the complaint (fce) (Entered: 01/22/2003)
|
Jan. 22, 2003
|
Jan. 22, 2003
|
49
|
REQUEST by Donhauser for an extension of time to file objections to the R/R and ORDER, Objections reset to 2/28/03 for [48−1] report and recommendations (signed by cdb as directed by Judge David N. Hurd) (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 01/31/2003)
|
Jan. 31, 2003
|
Jan. 31, 2003
|
50
|
OBJECTION by David Donhauser to [48−1] report and recommendations (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 03/03/2003)
|
March 3, 2003
|
March 3, 2003
|
51
|
REQUEST by Donhauser for an extension of time to file his objections to the R/R and ORDER, Objections reset to 3/10/03 for [48−1] report and recommendations ***Objections were filed by Donhauser on 3/3/03*** (signed by Judge David N. Hurd) (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 03/04/2003)
|
March 4, 2003
|
March 4, 2003
|
52
|
ORDER rejecting Donhauser's motion for preliminary injunction for not having an affidavit in support. ( signed by Magistrate Judge Gary L. Sharpe ) Date Entered: 5/30/03 (rjb) (Entered: 05/30/2003)
|
May 29, 2003
|
May 29, 2003
|
|
Motion(s) no longer referred: [25−1] motion to Dismiss the complaint (fce) (Entered: 06/19/2003)
|
June 19, 2003
|
June 19, 2003
|
55
|
Scheduling Notice:, Motion Hearing set for 7/21/03 re: [54−1] motion for Permanent Injunction , Response to Motion reset to 7/7/03 for [54−1] motion for Permanent Injunction (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 06/19/2003)
|
June 19, 2003
|
June 19, 2003
|
54
|
MOTION w/attached affidavit and memorandum of law by David Donhauser for Permanent Injunction , Hearing set for 6/30/03 , Response Deadline 6/16/03 Motion returnable before Judge/Mag. Judge: Hurd (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 06/20/2003)
|
June 19, 2003
|
June 19, 2003
|
56
|
AMENDED Scheduling Notice: Motion Hearing set for 6/30/03 re: [54−1] motion for Permanent Injunction , Response to reset to 6/16/03 for [54−1] motion for Permanent Injunction before Judge Hurd in Utica, NY; This motion will be on submit; no oral argument or appearances are necessary. (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 06/20/2003)
|
June 20, 2003
|
June 20, 2003
|
57
|
REQUEST by Donhauser for permission to file the attached letter as an exhibit to plaintiff's motion for injunctive relief and ORDER; the letter to be filed as an exhibit to plaintiff's motion for injunctive relief. (signed by Magistrate Judge Gary L. Sharpe) (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 06/25/2003)
|
June 25, 2003
|
June 25, 2003
|
58
|
Letter dd. June 13, 2003 filed as exhibit (E) by plaintiff Donhauser in support of his motion for injunctive relief. filed as per [57−1] request and order. (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 06/25/2003)
|
June 25, 2003
|
June 25, 2003
|
59
|
RESPONSE by Glenn S. Goord, Martha E. Yourth, Dominic Martinelli, S. Carter to [54−1] motion for Permanent Injunction (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 06/30/2003)
|
June 30, 2003
|
June 30, 2003
|
60
|
AFFIDAVIT by Nelson R. Sheingold, AAG in support of Re: [59−1] motion response (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 06/30/2003)
|
June 30, 2003
|
June 30, 2003
|
61
|
ORDER rejecting Mr. Donhauser's recent submission because if he is attempting to amend his complaint, he must file a motion to do so that complies with the Local Rules. ( signed by Magistrate Judge Gary L. Sharpe ) Date Entered: 7/8/03 (nas) (Entered: 07/08/2003)
|
July 8, 2003
|
July 8, 2003
|
62
|
REQUEST by Donhauser and ORDER granting, for Leave to File reply to defenddants' opposition to plaintiff's motion for injunctive relief. ( signed by C.D.B. as directed by Judge David N. Hurd ) (nas) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 07/10/2003)
|
July 10, 2003
|
July 10, 2003
|
63
|
REPLY by David Donhauser to response to [54−1] motion for Permanent Injunction (nas) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 07/10/2003)
|
July 10, 2003
|
July 10, 2003
|
64
|
MOTION w/ supporting affidavit and proposed amended complaint by David Donhauser to Amend [13−1] amended complaint , Hearing set for 8/26/03 , Response Deadline 8/12/03 Motion returnable before Judge/Mag. Judge: Sharpe (tlp) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 07/28/2003)
|
July 28, 2003
|
July 28, 2003
|
65
|
Scheduling Notice:, Motion Hearing set for 8/26/03 re: [64−1] motion to Amend [13−1] amended complaint , Response to Motion reset to 8/12/03 for [64−1] motion to Amend [13−1] amended complaint (tlp) Additional attachment(s) added on 7/29/2005 (see, ). (Entered: 07/28/2003)
|
July 28, 2003
|
July 28, 2003
|
66
|
RESPONSE by defendants to [64−1] motion to Amend [13−1] amended complaint (fce) Additional attachment(s) added on 7/29/2005 (see, ). (Entered: 08/01/2003)
|
Aug. 1, 2003
|
Aug. 1, 2003
|
68
|
RESPONSE by Dominic Martinelli, Martha E. Yourth, Glenn S. Goord to [64−1] motion to Amend [13−1] amended complaint (rjb) Additional attachment(s) added on 7/29/2005 (see, ). (Entered: 09/10/2003)
|
Sept. 10, 2003
|
Sept. 10, 2003
|
69
|
MEMORANDUM by Dominic Martinelli, Martha E. Yourth, Glenn S. Goord in opposition to [64−1] motion to Amend [13−1] amended complaint (rjb) Additional attachment(s) added on 7/29/2005 (see, ). (Entered: 09/10/2003)
|
Sept. 10, 2003
|
Sept. 10, 2003
|
70
|
ORDER denying pltf's [64−1] motion to Amend [13−1] amended complaint. (signed by Judge David N. Hurd) (see) (Entered: 10/16/2003)
|
Oct. 14, 2003
|
Oct. 14, 2003
|
71
|
REQUEST by Donhauser and ORDER; plaintiff's motion to amend was denied as futile, therefore his request to attach exhibits to the proposed amended complaint must also be denied. (signed by Magistrate Judge Gary L. Sharpe) (fce) Additional attachment(s) added on 7/29/2005 (see, ). (Entered: 10/22/2003)
|
Oct. 22, 2003
|
Oct. 22, 2003
|
72
|
ORDER REASSIGNING CASE. Case reassigned to Judge George H. Lowe for all further proceedings. Judge Gary Sharpe no longer assigned to case. Signed by Judge Frederick J. Scullin Jr. on 2/12/04. (ljr, ) (Entered: 02/13/2004)
|
Feb. 12, 2004
|
Feb. 12, 2004
|
73
|
Pltf's MOTION to Vacate Judge Hurd's 70 order.(tlp) Modified on 4/15/2004 to correctly indicate the order pltf's wants to vacate (cbm, ). (Entered: 04/12/2004)
|
April 8, 2004
|
April 8, 2004
|
74
|
Pltf's AFFIDAVIT in support of 73 MOTION to Vacate . (tlp) Modified on 4/15/2004 to delete reference to 71 order (cbm, ). (Entered: 04/12/2004)
|
April 8, 2004
|
April 8, 2004
|
75
|
MEMORANDUM OF LAW re 73 Motion to Vacate filed by David Donhauser. (tlp) (Entered: 04/12/2004)
|
April 8, 2004
|
April 8, 2004
|
76
|
NOTICE of Hearing on Motion 73 MOTION to Vacate 71 Set Deadlines/Hearings: Response to Motion due by 4/26/2004 Reply to Response to Motion due by 5/3/2004. Motion Hearing set for 5/13/2004 on submit before Magistrate Judge George H. Lowe. (tlp) (Entered: 04/12/2004)
|
April 8, 2004
|
April 8, 2004
|
77
|
AFFIDAVIT in Opposition re 73 MOTION to Vacate 71 Set Deadlines/Hearings filed by S. Carter, Glenn S. Goord, Dominic Martinelli, Martha E. Yourth. (Attachments: # 1 Memorandum of Law in Opposition to Plaintiff's Motion to Vacate)(Sheingold, Nelson) (Entered: 04/12/2004)
|
April 12, 2004
|
April 12, 2004
|
78
|
AFFIDAVIT of Service for declaration and memorandum of law in opposition to plaintiff's motion to vacate the Court's Order denying his motion to amend served on plaintiff, pro se on April 13, 2004, filed by S. Carter, Glenn S. Goord, Dominic Martinelli, Martha E. Yourth. (Sheingold, Nelson) (Entered: 04/13/2004)
|
April 13, 2004
|
April 13, 2004
|
79
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MEMORANDUM−DECISION AND ORDER adopting in part 48 Report and Recommendations; defts' 25 Motion to Dismiss the 2nd amended complaint is GRANTED as to pltf's privacy claim, equal protection claim, due process claim and 5th Amendment claim insofar as it relates to the denial of parole. Defts' motion to dismiss the 2nd amended complaint is DENIED as to pltf's 5th Amendment claim insofar as it relates to the loss of good time credits, etc. Defts are directed to serve and file answer to the surviving portions of the 2nd amended complaint by 5/7/04. Signed by Judge David N. Hurd on 4/15/04. (cbm, ) (Entered: 04/15/2004)
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April 15, 2004
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April 15, 2004
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80
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MEMORANDUM−DECISION AND ORDER granting in part PLTF'S 54 Motion for Preliminary Injunction: defts and persons acting under their discretion and/or control are enjoined from requiring a prisoner to divulge his/her history of sexual conduct in order to be eligible to participate in the Sexual Offender Counseling Program . Signed by Judge David N. Hurd on 4/15/04. (cbm, ) (Entered: 04/15/2004)
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April 15, 2004
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April 15, 2004
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Docket entries 73 motion to vacate and 74 supporting affidavit have been edited to reflect that pltf's motion related to Judge Hurd's 70 order. Per Judge Hurd's chambers, that motion is moot in light of 79 and 80 Memorandum−Decision and
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April 15, 2004
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April 15, 2004
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82
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NOTICE OF APPEAL as to 80 Order on Motion for Permanent Injunction,, 79 Order on Motion to Dismiss,,, Order on Report and Recommendations,, by S. Carter, Glenn S. Goord, Dominic Martinelli, Martha E. Yourth. (Attachments: # 1 Affidavit of Service of the Notice of Appeal and Forms C and D upon plaintiff)(Sheingold, Nelson) (Entered: 04/21/2004)
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April 21, 2004
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April 21, 2004
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Appeal Filing fee: $ 255.00, receipt number 72930 (wbl, ) (Entered: 04/21/2004)
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April 21, 2004
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April 21, 2004
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 82 Notice of Appeal, (dmf) (Entered: 04/27/2004)
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April 21, 2004
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April 21, 2004
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83
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LETTER BRIEF in support of Defendant's Motion for a Stay of the injunction and the District Court proceedings pending appeal to the Second Circuit Court of Appeals by S. Carter, Glenn S. Goord, Dominic Martinelli, Martha E. Yourth. (Attachments: # 1 Affidavit of James Granger in support of Defendants' Motion for a Stay)(Sheingold, Nelson) (Entered: 04/22/2004)
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April 22, 2004
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April 22, 2004
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84
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AFFIDAVIT of Service for letter brief and Declaration of James Granger in support of defendants' motion for a stay pending appeal served on plaintiff, pro se on April 22, 2004, filed by S. Carter, Glenn S. Goord, Dominic Martinelli, Martha E. Yourth. (Sheingold, Nelson) (Entered: 04/22/2004)
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April 22, 2004
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April 22, 2004
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85
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ORDER that defts' motion for a stay is DENIED; that the 80 Preliminary Injunction is VACATED and AMENDED to read as follows: defts and persons acting under their direction and/or control are enjoined from depriving a prisoner of good time credits because of the prisoner's refusal to divulge a history of sexual conduct, including illegal acts for wich no criminal charges have been filed, in order to be eligible for the Sexual Offender Counseling Program. Signed by Judge David N. Hurd on 4/23/2004. (see, ) (Entered: 04/27/2004)
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April 23, 2004
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April 23, 2004
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Certified and Transmitted Record on Appeal to US Court of Appeals re 82 Notice of Appeal (dmf) (Entered: 04/27/2004)
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April 27, 2004
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April 27, 2004
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86
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NOTICE OF APPEAL as to 80 Order on Motion for Permanent Injunction,, 85 Order,,, 79 Order on Motion to Dismiss,,, Order on Report and Recommendations,, by S. Carter, Glenn S. Goord, Dominic Martinelli, Martha E. Yourth. (Sheingold, Nelson) (Entered: 04/29/2004)
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April 29, 2004
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April 29, 2004
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87
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AFFIDAVIT of Service for Notice of Appeal served on plaintiff, pro se on April 29, 2004, filed by S. Carter, Glenn S. Goord, Dominic Martinelli, Martha E. Yourth. (Sheingold, Nelson) (Entered: 04/29/2004)
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April 29, 2004
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April 29, 2004
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Filing fee: $ 255.00, receipt number 72859 (wbl, ) (Entered: 04/29/2004)
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April 29, 2004
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April 29, 2004
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88
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MOTION to Appoint Counsel by David Donhauser. DATES TO BE SET.(nas) (Entered: 05/06/2004)
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May 4, 2004
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May 4, 2004
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 86 Notice of Appeal (dmf) (Entered: 05/05/2004)
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May 5, 2004
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May 5, 2004
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89
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ANSWER to Amended Complaint by Glenn S. Goord, Dominic Martinelli, Martha E. Yourth.(Sheingold, Nelson) (Entered: 05/07/2004)
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May 7, 2004
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May 7, 2004
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