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Case TitleMicolo v. Department of Justice
DistrictEastern District of New York
CityCentral Islip
Case Number2:2016cv05635
Date Filed2016-10-03
Date ClosedOpen
JudgeJudge Joanna Seybert
PlaintiffMarcus Anthony Micolo
DefendantDepartment of Justice
DefendantSean O'Neill Chief, Administrative Appeals Staff
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [12]
Opinion/Order [51]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-10-031COMPLAINT against Sean O'Neill Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Sean O'Neill. (Attachments: # 1 Civil Cover Sheet, # 2 Cover Letter) (Ortiz, Grisel) (Additional attachment(s) added on 10/14/2016: # 3 Exhibit 1 to 47) (Ortiz, Grisel). (Entered: 10/14/2016)
2016-10-032MOTION for Leave to Proceed in forma pauperis by Marcus Anthony Micolo. (Ortiz, Grisel) (Entered: 10/14/2016)
2016-10-033Prisoner Authorization from Marcus Anthony Micolo. (Ortiz, Grisel) (Entered: 10/14/2016)
2016-10-134Letter from Pro Se Office to Pro Se Litigant dated 10/13/2016 Re: Your civil action has been received and assigned a docket number and Judge(s). (Ortiz, Grisel) (Entered: 10/14/2016)
2016-10-135NOTICE OF DEFICIENT FILING , litigant notified of deficiency(s) that must be corrected within fourteen (14) days . re 3 Prisoner Authorization (Ortiz, Grisel) (Entered: 10/14/2016)
2016-10-146Notice of Related Case: The Civil Cover Sheet filed in civil action 16-cv-5635-JS-AKT was directly assigned as a Pro Se case related to 07-cv-4901-JS-AKT. (Ortiz, Grisel) (Entered: 10/14/2016)
2016-10-147In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Ortiz, Grisel) (Entered: 10/14/2016)
2016-10-258Prisoner Authorization. (Coleman, Laurie) (Entered: 10/25/2016)
2016-10-259LETTER dated 10/17/2016 from Marcus A. Micolo to the Clerk re Plaintiff advises that he is not consenting to a magistrate judge in this case. (Original letter annexed to the 8 Prisoner Authorization). (Coleman, Laurie) (Entered: 10/25/2016)
2017-01-1710Letter from Marcus A. Micolo to Clerk of Court dated 1/10/17 Re: Case status. (Valle, Christine) (Entered: 02/01/2017)
2017-01-3011Letter from C. Vukovich to Marcus Micolo dated 1/30/17 Re: In response to Plaintiff's letter; and to enclose an updated copy of the docket. (Valle, Christine) (Entered: 02/01/2017)
2017-02-0712MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis; Plaintiff's request to proceed in forma pauperis is GRANTED. and the Complaint is sua sponte DISMISSED as against O'Neill and DEEMED AMENDED to name the Department of Justice as the sole Defendant. The Clerk of the Court is directed to amend the caption of the Complaint, to forward a copy of the Summons, Complaint, and this Order to the United States Marshal Service for service upon the Department of Justice without prepayment of fees, and to serve notice of entry of this Order in accordance with Rule 77(d)(1) of the Federal Rules of Civil Procedure by mailing a copy of this Order to the pro se Plaintiff at his last known address. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. So Ordered by Judge Joanna Seybert on 2/7/2017. C/M (Valle, Christine) (Entered: 02/08/2017)
2017-02-1713SUMMONS Issued as to Department of Justice, U.S. Attorney, EDNY and U.S. Attorney General. (Attachments: # 1 RIDER) (Valle, Christine) (Entered: 02/17/2017)
2017-03-2814PROCESS RECEIPT AND RETURN by Marcus Anthony Micolo Re: U.S. Attorney, Eastern District of New York (NOTICE ONLY) served on 3/27/2017. (Valle, Christine) (Entered: 04/03/2017)
2017-04-1916Letter from Marcus Micolo to Clerk of Court Pro Se Office dated 4/14/17 Re: To inquire regarding the status of case. (Valle, Christine) (Entered: 04/26/2017)
2017-04-2515Letter MOTION for Extension of Time to File Answer by Department of Justice. (Freismuth, Megan) (Entered: 04/25/2017)
2017-04-2517Letter from C. Vukovich to Marcus Micolo dated 4/25/17 Re: In response to Plaintiff's letter; and to enclose an updated docket sheet. (Valle, Christine) (Entered: 04/26/2017)
2017-04-2618ORDER deferring ruling on 15 Motion for Extension of Time to Answer. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/26/2017. (Roman, Joshua) (Entered: 04/26/2017)
2017-05-0219NOTICE AND ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT BY MAIL Returned Executed by Marcus Anthony Micolo. Department of Justice served on 4/5/2017, answer due 6/5/2017. (Valle, Christine) (Entered: 05/05/2017)
2017-05-0820REPLY in Support re 18 Order on Motion for Extension of Time to Answer, 15 Letter MOTION for Extension of Time to File Answer /Deferred Ruling filed by Department of Justice. (Freismuth, Megan) (Entered: 05/08/2017)
2017-05-09ORDER granting 15 Motion for Extension of Time to Answer. Upon review of Defendant's supplemental submission [DE 20], the Court GRANTS Defendant's motion seeking an extension of time within which to Answer or otherwise respond to Plaintiff's Complaint. As such, Defendant shall serve its Answer or otherwise respond to the Complaint by May 26, 2017. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/9/2017. (Roman, Joshua) (Entered: 05/09/2017)
2017-05-2421ANSWER to 1 Complaint, by Department of Justice. (Attachments: # 1 Declaration of Service) (Freismuth, Megan) (Entered: 05/24/2017)
2017-05-2422Notice of MOTION to Produce or for Issuance of Subpoena by Marcus Anthony Micolo. (Valle, Christine) (Entered: 05/30/2017)
2017-06-0223Letter from Marcus A. Micolo to Judge Seybert & Judge Tomlinson dated 5/30/2017 Re: Letter Reply to the Defendant's May 24, 2017 Answer in this matter. (Valle, Christine) (Entered: 06/08/2017)
2017-06-1224Letter Respectfully Requesting Conference re. Plaintiff's Motion and Briefing Schedule by Department of Justice (Freismuth, Megan) (Entered: 06/12/2017)
2017-06-1428DECLARATION by Marcus Anthony Micolo. (Valle, Christine) (Entered: 06/19/2017)
2017-06-15ELECTRONIC ORDER re 24 Letter filed by Department of Justice. The Court is in receipt of the Government's letter regarding Plaintiff's discovery motion (Docket Entry 22). At this preliminary stage, the Court declines to construe the motion as one for summary judgment. The parties are advised that any future filings related to Plaintiff's discovery motion should be directed to Judge Tomlinson. The Clerk of the Court is directed to mail a copy of this Electronic Order to the pro se Plaintiff. Ordered by Judge Joanna Seybert on 6/15/2017. (Edwards, Tracy) (Entered: 06/15/2017)
2017-06-1525SCHEDULING ORDER: A telephone status conference will be held in this case on September 8, 2017 at 11 a.m. Counsel for defendants will initiate the call to Chambers at (631)712-5670, using an outside operator. Appropriate arrangements must be made in advance with the prison officials by Attorney Freismuth. All parties must participate. Attorney Freismuth is directed to serve a copy of the attached Order on the Pro Se Plaintiff forthwith and to file proof of service on ECF promptly. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/15/2017. (Roman, Joshua) (Entered: 06/15/2017)
2017-06-1526RESPONSE to Motion re 22 Notice of MOTION to Produce or for Issuance of Subpoena and in Response to Discovery Scheduling Order filed by Department of Justice. (Freismuth, Megan) (Entered: 06/15/2017)
2017-06-1527DECLARATION re 25 Scheduling Order,, of Service by Department of Justice (Freismuth, Megan) (Entered: 06/15/2017)
2017-06-1629Letter from Marcus A. Micolo to Clerk of Court; Judge Joanna Seybert dated 6/13/17 Re: Reply to June 12, 2017 Missive of AUSA. (Valle, Christine) (Entered: 06/22/2017)
2017-06-2330ORDER denying 22 Motion to Produce. SEE ATTACHED ORDER for details. Defendant's counsel is directed to serve a copy of the attached Order on the Pro Se Plaintiff forthwith and file proof of such service on ECF promptly. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/23/2017. (Roman, Joshua) (Entered: 06/23/2017)
2017-06-2331CERTIFICATE OF SERVICE by Department of Justice re 30 Order on Motion to Produce, (Freismuth, Megan) (Entered: 06/23/2017)
2017-06-2832NOTICE of Plaintiff's Narrative Statement filed by Marcus Anthony Micolo. (Valle, Christine) (Entered: 07/05/2017)
2017-07-1033Letter MOTION for Extension of Time to File /Serve Rule 56.1 Statements by Department of Justice. (Freismuth, Megan) (Entered: 07/10/2017)
2017-07-1035Letter from C. Zenz to Pro Se Litigant dated 7/10/2017 Re: Enclosed correspondence is being returned without docketing or consideration for the reason(s) set forth herein. (Valle, Christine) (Entered: 07/13/2017)
2017-07-11ORDER granting 33 Motion for Extension of Time to File. The motion is GRANTED. As such, Defendant shall serve its Rule 56.1 Statement by August 23, 2017. Plaintiff shall serve his Rule 56.1 Counter-statement by September 20, 2017. Any pre-motion conference letter to Judge Seybert for purposes of engaging in summary judgment motion practice must be filed by October 4, 2017. Counsel for Defendant is directed to serve a copy of this Electronic Order on the Pro Se Plaintiff forthwith and file proof of such service on ECF promptly. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/11/2017. (Roman, Joshua) Modified on 7/11/2017 (Entered: 07/11/2017)
2017-07-1234DECLARATION re Order on Motion for Extension of Time to File,, Declaration of Service by Department of Justice (Freismuth, Megan) (Entered: 07/12/2017)
2017-09-0536PLAINTIFF'S COUNTER/REPLY TO DEFENDANT'S RULE 56.1 STATEMENT filed by Marcus Anthony Micolo. (Valle, Christine) (Entered: 09/07/2017)
2017-09-2937Letter MOTION for pre motion conference by Department of Justice. (Attachments: # 1 Rule 56.1 Statement, # 2 Rule 56.1 Statement) (Freismuth, Megan) (Entered: 09/29/2017)
2017-10-0538Letter from Marcus A. Micolo to Clerk of Court, dated October 2, 2017 re: To Reply to the 37 Letter MOTION for pre motion conference. (Attachments: # 1 part 2) (Fagan, Linda) (Entered: 10/06/2017)
2017-10-1639Notice of Related Case indicated on the civil cover sheet in case 17-CV-5938(JS)(AKT). (Landow, Concetta) (Entered: 10/16/2017)
2017-10-1640Notice of Related Case indicated on the civil cover sheet in case 17-CV-5991(JS)(AKT). (Landow, Concetta) (Entered: 10/16/2017)
2017-10-17ELECTRONIC ORDER denying 37 Motion for Pre Motion Conference. Defendant's request for a pre-motion conference (Docket Entry 37) is DENIED. The Court finds that a pre-motion conference is unnecessary, and GRANTS Defendant leave to move for summary judgment. Defendant shall file its motion on or before November 17, 2017. Plaintiff shall file his opposition on or before December 18, 2017, and Defendant's reply, if any, shall be filed on or before January 3, 2018. The Clerk of the Court is directed to mail a copy of this Electronic Order to the pro se Plaintiff. Ordered by Judge Joanna Seybert on 10/17/2017. (Edwards, Tracy) (Entered: 10/17/2017)
2017-10-1741Letter in Response to Docket Entry #38, Plaintiff's letter dated October 2, 2017 by Department of Justice (Freismuth, Megan) (Entered: 10/17/2017)
2017-11-1742Notice of MOTION for Summary Judgment by Department of Justice. (Freismuth, Megan) (Entered: 11/17/2017)
2017-11-1743MEMORANDUM OF LAW Re: MOTION for Summary Judgment by Department of Justice. (Freismuth, Megan) Modified on 11/27/2017 to correct entry information. (Valle, Christine). (Entered: 11/17/2017)
2017-11-1744RULE 56.1 STATEMENT OF MATERIAL FACTS filed by Department of Justice. (Freismuth, Megan) (Entered: 11/17/2017)
2017-11-1745DECLARATION of DAVID M. HARDY by Department of Justice (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL) (Freismuth, Megan) Modified on 11/17/2017 (Baran, Charles). (Main Document 45 replaced on 11/20/2017) (Fagan, Linda). (Main Document 45 replaced on 11/20/2017) (Fagan, Linda). (Main Document 45 replaced on 11/20/2017) (Fagan, Linda). (Main Document 45 replaced on 11/20/2017) (Fagan, Linda). (Main Document 45 replaced on 11/20/2017) (Fagan, Linda). (Main Document 45 replaced on 11/20/2017) (Fagan, Linda). (Main Document 45 replaced on 11/20/2017) (Marziliano, August). (Entered: 11/17/2017)
2017-11-1746DECLARATION re 43 MOTION for Summary Judgment , 42 Notice of MOTION for Summary Judgment , 45 Declaration,,, 44 Rule 56.1 Statement of Material Facts by Department of Justice (Freismuth, Megan) Modified on 11/17/2017 (Baran, Charles). (Entered: 11/17/2017)
2017-11-17Motions terminated; docketed incorrectly Re: 43 MOTION for Summary Judgment filed by Department of Justice. (Valle, Christine) (Entered: 11/27/2017)
2017-11-27Incorrect Case/Document/Entry Information: Document 43 filed on 11/17/2017 by Attorney Megan Freismuth as "Motion for Summary Judgment" has been modified to reflect correct entry information. This document is a Memorandum of Law and NOT a Motion. All corrections have been entered. (Valle, Christine) (Entered: 11/27/2017)
2017-11-2947REPLY in Opposition Re: 42 Notice of MOTION for Summary Judgment, filed by Marcus Anthony Micolo. (Valle, Christine) (Entered: 12/01/2017)
2017-12-2748Letter in lieu of Reply by Department of Justice (Freismuth, Megan) (Entered: 12/27/2017)
2018-09-1949Letter from Marcus Micolo to Clerk of Court dated 9/15/18 Re: Status of case. (Valle, Christine) (Entered: 09/20/2018)
2018-09-1950Letter from J. Grady to Marcus Micolo dated 9/19/2018 Re: In response to letter dated 9/15/2018; and to enclose a copy of the docket sheet. (Valle, Christine) (Entered: 09/20/2018)
2018-09-2751MEMORANDUM & ORDER granting 42 Motion for Summary Judgment; For the foregoing reasons, Defendant's motion for summary judgment (Docket Entry 42) is GRANTED, and Plaintiff's Complaint is DISMISSED WITH PREJUDICE. The Clerk of the Court is directed to enter judgment accordingly and mark the case CLOSED. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. The Clerk of the Court is directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 9/27/2018. C/M; C/ECF (Valle, Christine) (Entered: 09/27/2018)
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