| Date Filed | Doc # | Docket Text |
|
| 2013-08-01 | 1 | COMPLAINT against U.S. Department of Justice Executive Office for U.S. Attorneys filed by Kenneth J. Ivey. (Attachments: # 1 Affidavit of Service, # 2 Civil Cover Sheet, # 3 Envelope)(dpk) (Entered: 08/05/2013) |
| 2013-08-01 | 2 | INMATE AUTHORIZATION FORM by Kenneth J. Ivey. (dpk) (Entered: 08/05/2013) |
| 2013-08-01 | 3 | MOTION for Leave to Proceed in forma pauperis filed by Kenneth J. Ivey. Motions referred to Therese Wiley Dancks. (dpk) (Entered: 08/05/2013) |
| 2013-09-17 | 4 | DECISION AND ORDER: for the reasons set forth herein, it is hereby ORDERERD, that plaintiff's 3 in forma pauperis application is GRANTED; and it is further ORDERED, that the Clerk provide the Superintendent of the facility designated by plaintiff as his current location with a copy of plaintiff's inmate authorization form (Dkt. No. 2) ; and it is further ORDERED, that the Clerk provide a copy of plaintiff's inmate authorization form to the Financial Deputy of the Clerk's Office; and it is further ORDERED, that the Clerk shall issue a summons and forward it, along with a copy of the complaint, to the United States Marshal for service upon defendant. Signed by Magistrate Judge Therese Wiley Dancks on 9/17/2013. (a copy of this Order has been sent via regular mail to pro se plaintiff) (sg ) (Entered: 09/17/2013) |
| 2013-09-17 | | Clerk provided Superintendent of Watertown Correctional Facility with notice of the instant action and copy of inmate authorization form; copy of same provided to the Financial Deputy. (sg ) (Entered: 09/17/2013) |
| 2013-09-24 | 5 | Summons Issued as to U.S. Department of Justice Executive Office for U.S. Attorneys. (sg ) (Entered: 09/24/2013) |
| 2013-10-07 | 6 | ORDER - it is hereby ORDERED, that the United States Marshals Service is directed to serve a copy of the Summons, Complaint and this Order upon: The United States Attorney for the Northern District of New York, the United States Attorney General, and the U.S. Department of Justice Executive Office for U.S. Attorneys FOIA/DC, as directed herein. Signed by Magistrate Judge Therese Wiley Dancks on 10/7/2013. (sg ) (Entered: 10/07/2013) |
| 2013-10-08 | 7 | Summons Issued as to U.S. Attorney General and U.S. Attorney - NDNY. (Attachments: # 1 summons issued - US Attorney)(sg ) (Entered: 10/08/2013) |
| 2013-10-29 | 8 | BILL OF COSTS submitted by the U.S. Marshals Service to recover costs of service in the amount of $71.00. (nas, ) (Entered: 10/29/2013) |
| 2013-10-29 | 9 | PROCESS RECEIPT AND RETURN: of USM Returned Executed as to U.S. Attorney. Summons and Complaint served via personal service on 10/10/2013. (nmk) (Entered: 10/29/2013) |
| 2013-10-29 | 10 | PROCESS RECEIPT AND RETURN: of USM Returned Executed as to U.S. Attorney General. Summons and Complaint served via certified mail on 10/16/2013. Return Receipt received 10/21/2013. (Attachments: # 1 Process Receipt and Return of USM Returned Executed as to U.S. Department of Justice Executive Office for U.S. Attorneys. Summons and Complaint served via certified mail on 10/16/2013. Return Receipt received on 10/18/2013, # 2 Return Receipts) (nmk) (Entered: 10/29/2013) |
| 2013-10-29 | | ***Answer for U.S. Department of Justice Executive Office for U.S. Attorneys due 12/15/2013. (nmk) (Entered: 10/29/2013) |
| 2013-11-18 | 11 | ANSWER to 1 Complaint by U.S. Department of Justice Executive Office for U.S. Attorneys. (Attachments: # 1 certificate of service)(Larkin, William) (Entered: 11/18/2013) |
| 2013-12-02 | 12 | ***STRICKEN FROM THE RECORD BY DKT. NO. 14*** PLAINTIFF'S RESPONSE/MEMORANDUM OF LAW re 11 Answer to Complaint filed by Kenneth J. Ivey. (tab) Modified on 12/3/2013 (rjb, ). (Entered: 12/02/2013) |
| 2013-12-02 | 13 | Letter Motion from Kenneth Ivey requesting court's acceptance of document # 12 as a supplemental filing, and as support to the original complaint submitted to Judge Therese W. Dancks. (tab) (Entered: 12/02/2013) |
| 2013-12-03 | 14 | TEXT ORDER denying Plaintiff's 13 Letter Request to file a reply to the answer. Plaintiff's reply to the answer, Dkt. No. 12, is hereby stricken from the record. A reply to an answer is not authorized pursuant to Federal Rule of Civil Procedure 7(a) as no counterclaim has been asserted nor has the Court ordered that a reply to defendant's answer be filed. Because Plaintiff's submission is being stricken from the docket, it will not be considered by the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/3/13 (text order served on Plaintiff via regular mail). (rjb, ) (Entered: 12/03/2013) |
| 2013-12-18 | 15 | UNIFORM PRETRIAL SCHEDULING ORDER: Joinder of Parties due by 1/21/2014; Amended Pleadings due by 1/21/2014; Discovery due by 5/2/2014; Discovery Motions due by 5/16/2014; Dispositive Motions to be filed by 7/2/2014. Signed by Magistrate Judge Therese Wiley Dancks on 12/18/13 (order served on Plaintiff via regular mail). (rjb, ) (Entered: 12/18/2013) |
| 2014-02-24 | 16 | Letter Motion from Kenneth J. Ivey requesting permission to file exhibits submitted to Judge Therese Wiley Dancks. (tab) (Entered: 02/24/2014) |
| 2014-02-27 | 17 | TEXT ORDER: Court has reviewed Plaintiff's letter motion to file documents as exhibits to the pretrial scheduling order. Plaintiff's motion is denied. Plaintiff is instructed to serve copies upon the Defendant of any documents on which he intends to rely in pursuing his claims. Pursuant to Local Rule 26.2, the Court does not accept the filing of discovery materials, such as, Interrogatories, Document Requests, or Responses to Requests unless the Court specifically directs such documents be filed or when submitted in support of a motion filed pursuant to Rule 37 of the Federal Rules of Civil Procedure. Since the Court has not directed the filing of Discovery in this action, nor is Plaintiffs submission in support of a motion filed pursuant to Rule 37, neither discovery materials nor certificates of service regarding the same are to be filed with the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/27/14 (text order served on Plaintiff via regular mail). (rjb, ) (Entered: 02/27/2014) |
| 2014-03-21 | 18 | ***STRICKEN FROM THE RECORD BY DKT. NO. 19 *** Submission, dated 3/19/2014, filed by Kenneth J. Ivey. (nmk) (Additional attachment(s) added on 3/21/2014: # 1 Exhibits, # 2 Affirmation of Service, # 3 Cover Letter, # 4 Mailing Envelope) (nmk, ). Modified on 4/1/2014 (rjb, ). (Entered: 03/21/2014) |
| 2014-04-01 | 19 | ORDER STRIKING Plaintiff's 18 submission and sealing the exhibits attached to the submission. Signed by Magistrate Judge Therese Wiley Dancks on 4/1/14 (order served on Plaintiff via regular mail). (rjb, ) (Entered: 04/01/2014) |
| 2014-04-08 | 20 | Letter Motion, dated 4/5/2014, filed by Kenneth J. Ivey requesting that the Court explain the # 19 Order to Strike, appointment of counsel and to appear in all proceedings via teleconference. (nmk) (Entered: 04/08/2014) |
| 2014-04-29 | 21 | ***STRICKEN FROM THE RECORD BY DKT. NO. 23 *** Submisison, dated 4/27/2014, filed by Kenneth J. Ivey. (nmk) Modified on 5/5/2014 (rjb, ). (Entered: 04/30/2014) |
| 2014-05-02 | 22 | TEXT ORDER: The Court has reviewed Dkt. No. 20. Plaintiff's request is granted as follows: a telephone conference is set for 5/14/2014 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Defendants' attorney is responsible for initiating the call and should call the chambers of Magistrate Judge Therese Wiley Dancks at (315) 234-8618 once the parties are on the line. This number is a dedicated conference line which may not be used for other purposes. Defendants' attorney must also confirm with Watertown Correctional Facility that Plaintiff will be made available for the call. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/2/14 (text order served on Plaintiff via regular mail). (rjb, ) (Entered: 05/02/2014) |
| 2014-05-05 | 23 | ORDER STRIKING Plaintiff's 21 submission. Signed by Magistrate Judge Therese Wiley Dancks on 5/5/14 (order served on Plaintiff via regular mail). (rjb, ) (Entered: 05/05/2014) |
| 2014-05-14 | | TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 5/14/2014. Appearances: Kenneth Ivey, Plaintiff pro se; William Larkin, AUSA for Defendant. Judge Dancks discusses Dkt. No. 20 with Plaintiff. AUSA Larkin reports on the status of the case. Discovery is closed. Defendant anticipates filing a motion for summary judgment. Plaintiff's request for counsel is denied without prejudice to renew at the time of trial. (FTR Recorded; 10:08AM-10:32AM) (rjb, ) (Entered: 05/14/2014) |
| 2014-06-16 | 24 | NOTICE: dated 6/11/2014, from by Kenneth J. Ivey notifying the Court of his temporary address at Rikers Island, 11-11 Hazen Street, East Elmhurst, New York 11370. Clerk confirmed through NYC DOC inmate look-up that plaintiff has been discharged from Rikers Island and was released to NY State Prison. (nmk) (Entered: 06/16/2014) |
| 2014-06-23 | 25 | NOTICE of Change of Address by Kenneth J. Ivey. Effective Date 6/23/2014. Old Address: 11-11 Hazen Street, East Elmhurst, NY. New Address: Ulster Correctional Facility, P.O. Box 800, Napanoch, NY 12458. (lah) (Entered: 06/24/2014) |
| 2014-06-24 | 26 | Letter Motion from William F. Larkin for U.S. Department of Justice Executive Office for U.S. Attorneys requesting a thirty (30) day extension of the time period to file dispositive motions submitted to Judge Thrse Wiley Dancks . (Attachments: # 1 certificate of service)(Larkin, William) (Entered: 06/24/2014) |
| 2014-06-24 | 27 | TEXT ORDER granting 26 Letter Request, Dispositive Motions to be filed by 8/4/2014. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/24/14 (served on Plaintiff via regular mail). (rjb, ) (Entered: 06/24/2014) |
| 2014-06-26 | 28 | NOTICE of Change of Address by Kenneth J. Ivey. Effective Date 6/26/2014 Old Address: Ulster Correctional Facility. New Address: Watertown Correctional Facility, P.O. Box 168, Watertown, NY 13601. (lah) (Entered: 06/26/2014) |
| 2014-07-21 | 29 | Letter from Kenneth J. Ivey requesting a conference with this court and respondent(s) for the purpose of extending an offer of resolution, submitted to Judge Therese W. Dancks. (mc) (Entered: 07/22/2014) |
| 2014-07-24 | 30 | TEXT ORDER: Court has reviewed Plaintiff's letter request (Dkt. No. 29) for a Court settlement conference. Letter request granted. Telephone conference scheduled for 8/8/2014 at 10:00 AM. Defendant to submit letter to Court by 8/1/2014 to address Plaintiff's settlement demand as proposed in Dkt. No. 29. Defendants' attorney is responsible for initiating the call and should call the chambers of Magistrate Judge Therese Wiley Dancks at (315) 234-8618 once the parties are on the line. This number is a dedicated conference line which may not be used for other purposes. Defendants' attorney must also confirm with Watertown Correctional Facility that Plaintiff will be made available for the call. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/24/14 (served on Plaintiff via regular mail). (rjb, ) (Entered: 07/24/2014) |
| 2014-07-30 | 31 | LETTER BRIEF by U.S. Department of Justice Executive Office for U.S. Attorneys. (Attachments: # 1 certificate of service)(Larkin, William) (Entered: 07/30/2014) |
| 2014-07-30 | 32 | TEXT ORDER: Court has reviewed Defendant's letter (Dkt. No. 31) regarding Plaintiff's settlement proposal (Dkt. No. 29). In light of Defendant's lack of interest in settlement, the telephone conference scheduled for 8/8/2014 is cancelled. Defendant's attorney must confirm the cancellation with Watertown Correctional Facility if that facility has already been made aware of the call as set forth in Dkt. No. 30. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/30/14 (text order served on Plaintiff via regular mail). (rjb, ) (Entered: 07/30/2014) |
| 2014-08-04 | 33 | MOTION for Summary Judgment Motion Hearing set for 9/2/2014 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 8/18/2014 Reply to Response to Motion due by 8/22/2014. filed by U.S. Department of Justice Executive Office for U.S. Attorneys. (Attachments: # 1 Motion for Summary Judgment, # 2 Memorandum of Law, # 3 Statement of Material Facts, # 4 Declaration of David Luczynski, # 5 Declaration of Bernadette C. Markowski, # 6 Declaration of William F. Larkin, # 7 Pro Se Notification of the Consequences of Failing to Respond to a Summary Judgment Motion, # 8 Letter to Mr. Ivey regarding unpublished cases, # 9 certificate of service) (Larkin, William) (Attachment 4 replaced on 8/4/2014) (mc, ). (Entered: 08/04/2014) |
| 2014-08-04 | 34 | CLERK'S CORRECTION OF DOCKET ENTRY: The clerk replaced the # 4 attachment of the # 33 Motion for Summary Judgment in order to apply a redaction of personal identifiers. [Copy of this NEF sent to pro se plaintiff.] (mc) (Entered: 08/04/2014) |
| 2014-09-02 | 35 | Construed as a RESPONSE in Opposition to the 33 MOTION for Summary Judgment filed by Kenneth J. Ivey. (see) (Entered: 09/04/2014) |
| 2015-02-04 | 36 | NOTICE OF CHANGE OF ADDRESS: filed by Kenneth J. Ivey Effective Date 2/4/2015. Old Address: Watertown Correctional Facility P.O. Box 168 Watertown, NY 13601, New Address: Queensboro Correctional Facility 47-04 Van Dam Street Long Island City, NY 11101. (mc) (Entered: 02/04/2015) |
| 2015-02-06 | 37 | MEMORANDUM-DECISION AND ORDER granting 33 Motion for Summary Judgment: The Court hereby ORDERS that Defendant's motion for summary judgment is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendant's favor and close this case. Signed by U.S. District Judge Mae A. D'Agostino on 2/6/15. (ban) (Entered: 02/06/2015) |
| 2015-02-06 | 38 | JUDGMENT in favor of U.S. Department of Justice Executive Office for U.S. Attorneys against Kenneth J. Ivey. (Attachments: # 1 Appeal Notice) (ban) (Entered: 02/06/2015) |
| 2015-02-06 | | Copies of 37 MDO, and 38 Judgment, were mailed to pro se plaintiff. (ban) (Entered: 02/06/2015) |
 Hide Docket Events |
