Case: Muntaqim v. Coombe

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Second Circuit

Supreme Court of the United States

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Second Circuit

Center for Constitutional Rights

ACLU of New York

Prison Policy Initiative

COMPLAINT filed; (fce) (Entered: 09/26/1994)

In Forma Pauperis Application filed by Jalil Abdul Muntaqim (fce) (Entered: 09/26/1994)

CASE REFERRED to Magistrate Judge Daniel Scanlon Jr. (fce) (Entered: 09/26/1994)

CASE REFERRED to Magistrate Judge Daniel Scanlon Jr. (fce)

ORDER for Payment of Partial Filing Fee of $4.77 by Jalil Abdul Muntaqim, Service Date: 10/26/94, Partial Fee due by 12/15/94 when partial fee received plaintiff granted leave to proceed in forma pauperis and Clerk to issue summons and deliver to Marshal for service. Recommended that if plaintiff fails to comply with this order, action should be dismissed. ( Signed by Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 10/26/1994)

SUMMONS(ES) issued for Phillip Coombe Jr., Anthony Annucci, Louis F. Mann, Original and 3 copies summons issued and delivered to Marshal, Balance Order done-consent forms sent. (fce) (Entered: 11/08/1994)

Payment of Partial Filing Fee by Jalil Abdul Muntaqim FILING FEE $ 4.77 RECEIPT # 21680 Service deadline 1/7/95 for Louis F. Mann, for Anthony Annucci, for Phillip Coombe Jr. (fce) (Entered: 11/08/1994)

SUMMONS(ES) issued for Phillip Coombe Jr., Anthony Annucci, Louis F. Mann, Original and 3 copies summons issued and delivered to Marshal, Balance Order done-consent forms sent. (fce)

Payment of Partial Filing Fee by Jalil Abdul Muntaqim FILING FEE $ 4.77 RECEIPT # 21680 Service deadline 1/7/95 for Louis F. Mann, for Anthony Annucci, for Phillip Coombe Jr. (fce)

ACKNOWLEDGEMENT OF SERVICE as to Louis F. Mann on 12/8/94 : Answer due on 2/15/95 for Louis F. Mann (fce) (Entered: 12/20/1994)

REQUEST and ORDER, reset Answer deadline to 2/15/95 for Anthony Annucci, for Phillip Coombe Jr. ( signed by A. J. Bosman Moore, Esq. pro se staff attorney per direction of Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 12/20/1994)

REQUEST and ORDER, reset Answer deadline to 2/15/95 for Louis F. Mann ( signed by A. J. Bosman Moore, pro se staff attorney per direction of Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 12/20/1994)

ACKNOWLEDGEMENT OF SERVICE as to Phillip Coombe Jr., Anthony Annucci on 12/12/94 : Answer due on 2/15/95 for Anthony Annucci, for Phillip Coombe Jr. (fce) (Entered: 12/20/1994)

ANSWER to Complaint by Phillip Coombe Jr., Anthony Annucci, Louis F. Mann (Attorney Freshour ), (fce) (Entered: 02/16/1995)

Pre-trial Order Issued. Discovery Deadline 8/1/95; any discovery motions have a return date by 9/1/95. Motion Filing Deadline 9/4/95, returnable by 10/2/95, Signed by Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 03/08/1995)

Traverse Filed by Jalil Abdul Muntaqim (fce) (Entered: 03/10/1995)

Notice 4/12/95 of change of address to Attica C.F., PO Box 149, Attica, N.Y. 14011-0149. (fce) (Entered: 04/18/1995)

FIRST SET OF INTERROGATORIES propounded by Jalil Abdul Muntaqim to Phillip Coombe Jr., Anthony Annucci (fce) (Entered: 06/22/1995)

MOTION by Jalil Abdul Muntaqim to Compel Discovery, Hearing set for 9/1/95, Response Deadline 8/18/95, Reply to Response Deadline 8/25/95 Motion returnable before Judge/Mag. Scanlon (fce) (Entered: 08/02/1995)

AFFIRMATION of Richard J. Freshour by Phillip Coombe Jr., Anthony Annucci, Louis F. Mann in Opposition to Re: [13-1] motion to Compel Discovery (wbl) Modified on 08/16/1995 (Entered: 08/16/1995)

NOTICE of CHANGE OF ADDRESS by Jalil Abdul Muntaqim to Elmira Correctional Facility, POB 500, Elmira, NY 14902 (wjg) (Entered: 08/30/1995)

NOTICE of change of address to Elmira CF, dd 11/3/95, filed by Jalil Abdul Muntaqim (cbm) (Entered: 11/07/1995)

Plaintiff's letter dd 2/1/96, inquiring as to when the pre-trial conference will be scheduled. (fce) (Entered: 02/06/1996)

Plaintiff's change of address dd 3/28/96, to: Eastern N.Y. Corr. FAc., Box 338, Napanoch, NY 12458-0338. (fce) (Entered: 04/02/1996)

ORDER denying [13-1] motion to Compel Discovery ( signed by Magistrate Judge Daniel Scanlon Jr. dd 6/13/96 ) (fce) (Entered: 06/19/1996)

Plaintiff's ltr dd 7/31/96, re: settlement issue. (fce) (Entered: 08/08/1996)

Plaintiff's letter to the Court dd 12/2/96 requesting trial date be set. (fce) (Entered: 12/05/1996)

Plaintiff's request for scheduling case for trial. (fce) (Entered: 12/26/1996)

Plaintiff's letter to the Court dd 5/13/97 requesting instructions to proceed to jury trial. (fce) (Entered: 05/19/1997)

Request by Plaintiff dtd 7/2/97 for final pre-trial conference. (tjm) (Entered: 07/08/1997)

Plaintiff's letter to the Court dated 11/26/97 requesting a trial date be set. (fce) (Entered: 12/01/1997)

Plaintiff's letter to the Court dated 4/16/98 requesting date for final pre-trial conference and for Pre-Trial Order. (fce) (Entered: 04/30/1998)

MAIL RETURNED UNDELIVERABLE as to Jalil Abdul Muntaqim at Eastern Correctional Facility (copy of General Order dated 6/9/98). [NOTE: envelope notes that name and number don't match.] (cdl) (Entered: 07/02/1998)

Because copy of Judge McAvoy's 6/9/98 General Order (re: management of cases assigned to Judge Pooler) was returned unserved as to pltf, w/notation on envelope that name and inmate ID number don't match, pltf's alias Anthony Bottom has been substituted for Jalil Abdul Muntaqim; order has been re-served. (cbm) (Entered: 07/15/1998)

Because copy of Judge McAvoy's 6/9/98 General Order (re: management of cases assigned to Judge Pooler) was returned unserved as to pltf, w/notation on envelope that name and inmate ID number don't match, pltf's alias Anthony Bottom has been substituted for Jalil Abdul Muntaqim; order has been re-served. (cbm)

ORDER, action reassigned from Mag/Judge Scanlon to Mag/Judge Gustave J. DiBianco (dd 8-13-98 signed by Chief Judge Thomas J. McAvoy ) (pta) (Entered: 08/14/1998)

CASE NO LONGER REFERRED TO Magistrate Judge Daniel Scanlon Jr. (pta) (Entered: 08/14/1998)

CASE REFERRED to Magistrate Judge Gustave J. DiBianco (pta) (Entered: 08/14/1998)

CASE NO LONGER REFERRED TO Magistrate Judge Daniel Scanlon Jr. (pta)

CASE REFERRED to Magistrate Judge Gustave J. DiBianco (pta)

NOTICE from Clerk's Office advising parties that case has been reassigned to Judge Mordue. (jlm) (Entered: 12/08/1998)

CASE reassigned to Judge Norman A. Mordue (jlm) (Entered: 12/08/1998)

CASE reassigned to Judge Norman A. Mordue (jlm)

Change of Address received from Pltf Anthony Bottom. Effective date: 5/6/99 New Address: Auburn Correctional Facility, P.O. Box 618, 135 State Street, Auburn, NY 13024. Old Address: Eastern Corr. Facility, Box 338, Napanoch, NY. (jlm) (Entered: 05/11/1999)

Letter dd 6/7/99 from Jalil Adbul Muntagim a/k/a Anthony Bottom. RE: Letter Motion to the Court to have the foregoing matter placed on the calendar to proceed with a jury trial. (jlm) (Entered: 06/10/1999)

Scheduling Notice for Pretrial Conference: set Telephone Conference for 9:00 8/26/99 with Judge Mordue. Pretrial Conference statements due 8/19/99. (jlm) (Entered: 06/25/1999)

Minute entry for telephone conference with Judge Mordue: Settlement not able to be reached. Defense requests time to file SJ motion - granted. reset Motion Filing deadline to 10/26/99 . Trial to be set, if necessary, after motion decision. APP: Anthony Bottom, pro se; Richard Freshour for defts. (jat) (Entered: 09/07/1999)

MOTION by Louis F. Mann, Anthony Annucci, Philip Coombe Jr. for Summary Judgment, Hearing set for 10:00 11/24/99, Response Deadline 11/10/99 Motion returnable before Mag. Judge: DiBianco (fce) (Entered: 10/26/1999)

Statement of Material Facts in Support of [34-1] motion for Summary Judgment filed by Louis F. Mann, Anthony Annucci, Philip Coombe Jr. (fce) (Entered: 10/26/1999)

AFFIDAVIT IN SUPPORT by William Fulton on behalf of Louis F. Mann, Anthony Annucci, Philip Coombe Jr. Re: [34-1] motion for Summary Judgment (fce) (Entered: 10/26/1999)

MEMORANDUM OF LAW by Louis F. Mann, Anthony Annucci, Philip Coombe Jr. in support of [34-1] motion for Summary Judgment (fce) (Entered: 10/26/1999)

Motion(s) referred: [34-1] motion for Summary Judgment referred to Magistrate Judge Gustave J. DiBianco (jlm) (Entered: 11/02/1999)

Motion(s) referred: [34-1] motion for Summary Judgment referred to Magistrate Judge Gustave J. DiBianco (jlm)

Letter, dated 10/26/99, from Richard J. Freshour, AAG, noting that Summary Judgement Motion Papers should have reflected Magistrate Judge DiBianco as the assigned Magistrate Judge. (wgl) (Entered: 10/29/1999)

MEMORANDUM by Anthony Bottom in opposition to [34-1] motion for Summary Judgment w/affidavit of service. (tjm) (Entered: 11/12/1999)

Rule 7.1(a)(3) Statement in opposition to [34-1] motion for Summary Judgment filed by Anthony Bottom (tjm) (Entered: 11/12/1999)

REQUEST by Pltf. Muntaqim dtd 11/4/99 and ORDER, Response to Motion reset to 11/19/99 for [34-1] motion for Summary Judgment (signed by Sharon F. Broton, Esq., on 11/12/99 for Magistrate Judge Gustave J. DiBianco) (lmp) (Entered: 11/15/1999)

REPORT AND RECOMMENDATIONS of Magistrate Judge Gustave J. DiBianco. Recommended that the deft's motion for summary judgment #34 be Granted, and the Complaint be Dismissed. Service Date: 7/18/00 Re: (Objection to R and R due by 8/7/00 for Anthony Bottom, Philip Coombe Jr., Anthony Annucci, and Louis F. Mann ). Motion(s) no longer referred (jlm) (Entered: 07/19/2000)

Motion(s) no longer referred: [34-1] motion for Summary Judgment (jlm) (Entered: 07/19/2000)

Motion(s) no longer referred: [34-1] motion for Summary Judgment (jlm)

OBJECTION by Anthony Bottom to [42-1] report and recommendations (Affidavit of Service attached) (jat) (Entered: 07/27/2000)

NOTICE of Transfer of Inmate Litigation to Syracuse Divisional Office effective 9/5/00. (fce) (Entered: 08/29/2000)

ORDER that Magistrate Judge DiBianco's Report-Recommendation dated July 18, 2000 is ADOPTED IN FULL; that defendants' motion for summary judgment is GRANTED; that plaintiff's action is DISMISSED in its ENTIRETY ( signed by Judge Norman A. Mordue ) (sal) (Entered: 01/25/2001)

JUDGMENT that pursuant to the Order by U.S. District Judge Norman A. Mordue, Magistrate Judge DiBianco's Report-Recommendation dated 7/18/00 is adopted in full; that defendants' motion for summary judgment is granted; that plaintiff's action is dismissed in its entirety Date Served: 1/25/01 (sal) (Entered: 01/25/2001)

Case closed (sal) (Entered: 01/25/2001)

Case closed (sal)

NOTICE OF APPEAL by Anthony Bottom appealing Order entered on 1/24/01; with attachments. Filing Fee N/A - IFP Granted. Appeal record due on 3/22/01 (dmf) Modified on 02/27/2001 (Entered: 02/27/2001)

Notice of appeal and certified copy of docket to USCA re: [48-1] appeal by Anthony Bottom (parties noticed). (dmf) (Entered: 02/27/2001)

Certified and transmitted record on appeal to U.S. Court of Appeals: [48-1] appeal by Anthony Bottom (dmf) (Entered: 02/27/2001)

Notice of appeal and certified copy of docket to USCA re: [48-1] appeal by Anthony Bottom (parties noticed). (dmf)

Certified and transmitted record on appeal to U.S. Court of Appeals: [48-1] appeal by Anthony Bottom (dmf)

Copy of MANDATE of USCA, judgment filed 4/23/04, errata sheet filed 5/17/04, affirming judgment of district court. (cbm, ) (Entered: 07/27/2004)

USCA Case Number 01-7260-pr for [47] Notice of Appeal filed by Anthony Bottom. (cbm, ) (Entered: 07/27/2004)

USCA Case Number 01-7260-pr for 47 Notice of Appeal filed by Anthony Bottom. (cbm, )

MANDATE of USCA as to 47 Notice of Appeal filed by Anthony Bottom. ORDERED that this case be consolidated with Hayden v. Pataki, 04-3886-pr, by Order dated 2/24/05. The Court heard argument in both cases on 6/22/05.(tlp) (Entered: 05/22/2006)

MANDATE of USCA as to 47 Notice of Appeal filed by Anthony Bottom, (tlp) (Entered: 06/05/2006)

Appeal Record Returned: [47] Notice of Appeal (tlp) (Entered: 07/14/2006)

Appeal Record Returned: 47 Notice of Appeal (tlp)

File shipped to FRC. Accession No. 021-08-0031(Box 9 of 71) Row Q28, Unit 02, Shelf 06, Position 5. (lmw)