Case: Cuoco v. Moritsugu

Cuoco v. Quinlan

Cuoco v. Quinlan

Cuoco v. Quinlan

U.S. Court of Appeals for the Second Circuit

Order endorsed on declaration and support of request to proceed in forma pauperis, granted ; ( signed by Judge Charles L. Brieant ) (do) (Entered: 11/04/1991)

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (do) (Entered: 11/04/1991)

AMENDED COMPLAINT by John Andrew Cuoco, (Answer due 11/29/91 for R. Barraco, for Don Moore, for G. L. Hershberger, for Kenneth Moritsugu ) amending [2-1] complaint against J. Michael Quinlan, M. Malik, M. Salamack; Summons issued. (do) (Entered: 11/21/1991)

MARSHALS RETURN OF SERVICE executed upon the Attorney Gen. Dept. of Justice by Cert. Mail # 897-665-918 on 2/14/92 (do) (Entered: 02/21/1992)

MEMO END. on Motion re: summon ..etc...., DENIED as moot. ..etc..,( signed by Judge Lawrence M. McKenna ); Copies mailed (do) (Entered: 03/04/1992)

NOTICE OF MOTION by John Andrew Cuoco for appointment of counsel w/supporting declaration of John Andrew Cuoco. (do) (Entered: 03/30/1992)

MEMO END., granting leave to file Request for producion of Documents ( signed by Judge Lawrence M. McKenna ); Copies mailed (do) (Entered: 04/27/1992)

Fld. Plaintiffs Request for production of Documents. (do) (Entered: 04/27/1992)

Filed Memo_Endorsement on letter dated 3/24/92, reset answer due for 5/29/92 for M. Salamack, for M. Malik, for J. Michael Quinlan, for R. Barraco, for Don Moore, for G. L. Hershberger, for Kenneth Moritsugu ( signed by Judge Lawrence M. McKenna ) (do) (Entered: 03/27/1992)

MEMORANDUM AND ORDER withdrawing [7-1] motion for appointment of counsel ( signed by Judge Lawrence M. McKenna ); Copies mailed (do) (Entered: 04/13/1992)

NOTICE OF MOTION by John Andrew Cuoco for an order granting plaintiff physical acess to the main law library at FCI Otisville to do legal research ad writing in furtherance of this litigation, and permitting plaintiffs to possess a ballpoint of felt tip pen within her cell in the Special Housing Unit...etc., (do) (Entered: 04/27/1992)

MEMO END., for leave to file 2nd. request for production of documents GRANTED..ETC., ( signed by Judge Lawrence M. McKenna ); Copies mailed (do) (Entered: 05/05/1992)

Filed Memo_Endorsement on letter dated 4.21.92, by Edward scarvalone in re: Defts' opposition to motion set to 5/29/92 for [9-1] motion for an order granting plaintiff physical acess to the main law library at FCI Otisville to do legal research ad writing in furtherance of this litigation, and provide him with a ball point pen, Plaintiff's reply brief (if any) to motion by June 12, 1992, and Return date set to 2:00 6/19/92. So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) Modified on 05/04/1992 (Entered: 05/04/1992)

MEMORANDUM of LAW by Edward Scarvalone, AUSA in opposition Plaintiff's Omnibus Motion (ys) (Entered: 06/02/1992)

DECLARATION of Carol Hawthorne re: Otisville records.... (ys) (Entered: 06/02/1992)

Filed Memo_Endorsement on letter by Edward Scarvalone, AUSA, dated 5/18/92, To Judge McKenna re: set defendants' moving brief due for 6/17/92 and Plaintiff's opposition set for July 20, 1992 and Defendants' reply brief set for July 31, 1992...So Ordered. ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 06/03/1992)

AFFIRMATION OF John Andrew Cuoco Re: in Support of Omnibus Motion (ys) (Entered: 06/09/1992)

MEMORANDUM by Kenneth Moritsugu, G. L. Hershberger, Don Moore, R. Barraco, J. Michael Quinlan, M. Malik, M. Salamack in support of Defendant's Motion to Dismiss, or for Summary Judgment. (ys) (Entered: 06/23/1992)

NOTICE OF MOTION by Kenneth Moritsugu, G. L. Hershberger, Don Moore, R. Barraco, J. Michael Quinlan, M. Malik, M. Salamack to dismiss, or for summary judgment, Return date 8/7/92 (ys) (Entered: 06/23/1992)

Filed Memo_Endorsement on letter by Edward Scarvalone dated 6/17/92, to Judge McKenna re: request a two-day extension of time permitting the motion to be served and filed June 19, 1992. Granted. So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 06/26/1992)

MEMORANDUM AND ORDER granting [19-1] motion to dismiss the amend complaint as to defts. Hershberger, Malik, Moore and Salamack denying [19-2] motion for summary judgment denying [9-1] motion for an order granting plaintiff physical acess to the main law library at FCI Otisville to do legal research ad writing in furtherance of this litigation denying [9-2] motion permitting plaintiffs to possess a ballpoint of felt tip pen within her cell in the Special Housing Unit...etc.,, set discovery due for 7/30/93 ( signed by Judge Lawrence M. McKenna ); Copies mailed (jr) (Entered: 11/19/1992)

Filed Memo_Endorsement on letter from Edward Scarvalone, AUSA dated 11/30/92, reset defts motion filing deadline for 12/22/92 to reargue... GRANTED, SO ORDERED, MCKENNA, J. ( signed by Judge Lawrence M. McKenna ) Copies mailed Chambers (mk) Modified on 09/24/1993 (Entered: 12/03/1992)

ORDER,... that the time for such defendants to file a notice of appeal shall be extended for thirty days beyond the date required for filing pursuant to Rule 4 (a)(1) of the Federal Rules of Appellate Procedure. ( signed by Judge Lawrence M. McKenna ); Copies mailed (ys) (Entered: 12/16/1992)

Filed Memo_Endorsement on letter by John Andrew Cuoco, dated 12/13/92, to Judge McKenna re: request a 60 day extension of time to respond to defendants' motion to reargue the court's memorandum and order and to be due on or before February 22, 1993. Granted. So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 12/23/1992)

Filed Memo_Endorsement on letter by Edward Scarvalone, dated 12/21/92, to Judge McKenna re: reset motion filing deadline for 12/30/92 Granted. So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 12/28/1992)

NOTICE OF MOTION by J. Michael Quinlan, R. Barraco, Kenneth Moritsugu for reargument of the Court's November 13, 1992 memorandum decision, Pursuant to Local Rule 3 (j) of the Civil Rules of this Court, Return date 3/10/93 (ys) (Entered: 01/04/1993)

MEMORANDUM by J. Michael Quinlan, R. Barraco, Kenneth Moritsugu in support of [26-1] motion for reargument of the Court's November 13, 1992 memorandum decision, Pursuant to Local Rule 3 (j) of the Civil Rules of this Court (ys) (Entered: 01/04/1993)

NOTICE OF MOTION by John Andrew Cuoco for an Order pursuant to Rule 60 (b) of the Federal Rules of Civil Procedure, denying defendants' motion to dismiss the Amended Complaint under Rule 12(b)(6), FRCP, after reconsideration of this Court's Memorandum and Order filed November 16, 1992,...., Return date 1/15/93 (ys) (Entered: 01/14/1993)

Order endorsed on declaration and support of request to proceed in forma pauperis, granted ; ( signed by Judge Lawrence M. McKenna ) (mk) (Entered: 02/04/1993)

Filed Memo_Endorsement on letter from Pro Se Office dated 1/7/93, dismissing the Amended Cmplt in favor of defts Hershberger, Moore, Malik & Salamack... SO ORDERED, MCKENNA, J. ( signed by Judge Lawrence M. McKenna ) (mk) (Entered: 02/04/1993)

Filed Memo_Endorsement on letter by John Andrew Cuco, dated 12/31/92, to Judge McKenna re: request an extension of time through and including 2/22/93, to submit a supplemental affirmation in support of my motion for reconsideration, or alternatively, otherwise indicate to the Court the need for a subpoenas duces tecum to compel the defendants to produce for inspection and copying certain documents which in all fairness should be considered with my affirmation and motion. Granted. So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 01/13/1993)

Filed Memo-Endorsement on letter dated 1/15/93, to vacate the Court's order of 11/13/92 (entered 11/19/92) for the purpose set forth in this letter only, subject to reinstatement of the motion for reargument ( signed by Judge Lawrence M. McKenna ) (emil) (Entered: 01/21/1993)

JUDGMENT for M. Salamack, M. Malik, Don Moore, G. L. Hershberger against John Andrew Cuoco...Ordered, ...That plaintiff's omnibus motion be and it is hereby denied as moot, and it is further, Ordered, that the motion of defendants Hershberger, Malik, Moore and Salamack be and it is hereby granted, and it is further, Ordered, that the motion of defendants Quinlan, Moritsugu and Barraco be and it is hereby denied with leave to renew upon completion of discovery, pursuant to Rule 12 (b)(6) or Rule 56, F.R.Civ. P., Ordered, that the Amended Complaint be and it is hereby dismissed as against defendants G.L. Hershberger, Don Moore, R. Barraco, M.D., Malik, M.D.; EOD 3/9/93. (Signed by James M. Parkison, Clerk); Mailed copies and notice of right to appeal. (ys) (Entered: 03/09/1993)

NOTICE OF APPEAL by John Andrew Cuoco ; from order entered 11/12/92 granting deft's motion to dismiss . Copies of notice of appeal mailed to Attorney(s) of Record: John Andrew Cuoco and US Dept of Justice NYC . (jf) (Entered: 03/15/1993)

Notice of appeal and certified copy of docket to USCA: [34-1] appeal by John Andrew Cuoco ; Copy of notice of appeal sent to District Judge. (jf)

NOTICE OF MOTION by J. Michael Quinlan, R. Barraco, Kenneth Moritsugu to vacate a alter or amend the judgment, Return date 4/20/93 (kr) (Entered: 03/23/1993)

MEMORANDUM by J. Michael Quinlan, R. Barraco, Kenneth Moritsugu in support of [35-1] motion to vacate a alter or amend the judgment (kr) (Entered: 03/23/1993)

NOTICE TO THE DOCKET CLERK... ORIGINAL RECORD... The record in the above entitled case was sent to the USCA for the Second Circuit on the 19 day of April, 1993. (ys) (Entered: 04/20/1993)

Deposition subpoena by John Andrew Cuoco of Cathy Hawk, Ph.D.,Dir., Fed. Bureau of Prisons, Central Office, Washington, D.C. on (within 14 days from date of service by U.S. Marshal) (sc) Modified on 06/10/1993 (Entered: 06/10/1993)

Deposition subpoena by John Andrew Cuoco of Dr. Sally Johnson, M.D. on (within 14 days from date of service by U.S. Marshal) (sc) (Entered: 06/10/1993)

Deposition subpoena by John Andrew Cuoco of Ms. Ruth Outlar, Med. Records Access Officer, Correctional Health Services, 125 Worth St., N.Y.,N.Y. on (within 14 days from date of service by marshal) (sc) (Entered: 06/10/1993)

Deposition subpoena by John Andrew Cuoco of Louis L. Wainright, Secretary, Florida Dept. of Corrections, Tallahassee, Fla. on (within 14 days from date of service by cert. mail) (sc) (Entered: 06/10/1993)

Deposition subpoena by John Andrew Cuoco of Cathy M. Barber, Ph.D., Forensic Physiologist, FCI, Fairton,N.J. on (within 14 days from date of service by U.S. Marshal) (sc) (Entered: 06/10/1993)

Filed Memo_Endorsement on letter by John Cuoco, dated 4/22/93 attached letter for 5/25/93, to Judge McKenna re: for reconsideration of motion for Appointment of Counsel granting [7-1] motion for appointment of counsel. So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 06/03/1993)

fld notice of address change for plntf (change indicated on system) (cd)

NOTICE OF MOTION by John Andrew Cuoco for temporary restraining order and/or preliminary injunction, Return date 9/1/93 (cd) (Entered: 08/25/1993)

MANDATE OF USCA (certified copy) Re: appellant motions for reinstatement of the appeal, for an extension of time in which to file a brief and for appointment of counsel are DENIED (cd) (Entered: 09/07/1993)

Filed Memo_Endorsement on letter dated 8/25/93, Response to motion reset to 10/22/93 for [44-1] motion for temporary restraining order and/or preliminary injunction ( signed by Judge Lawrence M. McKenna ) (cd) (Entered: 09/09/1993)

Filed Memo_Endorsement on memo dated 10/01/93, for leave to file motion to amend complaint ( signed by Judge Lawrence M. McKenna ) (cd) (Entered: 10/12/1993)

NOTICE OF MOTION by John Andrew Cuoco for leave to file second amended supplemental complaint, Return date 10/6/93 (cd) (Entered: 10/12/1993)

Filed Memo_Endorsement on memo dated 10/1/93, for plntf to leave to file motion to compel discovery ( signed by Judge Lawrence M. McKenna ) (cd) (Entered: 10/12/1993)

NOTICE OF MOTION by John Andrew Cuoco to compel discovery, Return date 10/5/93 (cd) (Entered: 10/12/1993)

ORDER, Response to motion of govt for reconsideration is extended to 1/14/94 ( signed by Judge Lawrence M. McKenna ); Copies mailed (cd) (Entered: 10/12/1993)

AFFIDAVIT in support of John Andrew Cuoco by John Andrew Cuoco Re: [44-1] motion for temporary restraining order and/or preliminary injunction (cd) (Entered: 10/18/1993)

NOTICE OF MOTION by John Andrew Cuoco to strike deft's motion for reargument in its entirety, Return date 11/15/93 (cd) (Entered: 11/10/1993)

Filed Memo_Endorsement on letter dated 10/29/93, Response to motion reset to 11/19/93 for [44-1] motion for temporary restraining order and/or preliminary injunction ...Granted. So Ordered. ( signed by Judge Lawrence M. McKenna ) (sc) (Entered: 11/03/1993)

MEMORANDUM by J. Michael Quinlan, R. Barraco, Kenneth Moritsugu in opposition to [44-1] motion for temporary restraining order and/or preliminary injunction (cd) (Entered: 11/22/1993)

DECLARATION of H. Jacob Re: review of records maintained by FCI McKean. (cd) (Entered: 11/23/1993)

RESPONSES & OBJECTIONS by J. Michael Quinlan Re: Subpoena Dtd. 9/20/93 (sc) (Entered: 11/24/1993)

Supplemental AFFIMATION in support of John A. Cuoco by John Andrew Cuoco Re: [44-1] motion for temporary restraining order and/or preliminary injunction (sc) Modified on 01/20/1994 (Entered: 01/20/1994)

MEMORANDUM & ORDER, set evidentiary hearing for 10:15 2/17/94, that on the papers submitted, the Court is unable to conclude that the motion is moot etc. ( signed by Judge Lawrence M. McKenna ); Copies mailed (sc) (Entered: 01/31/1994)

Filed Memo_Endorsement on letter dated 2/8/94, that reconsideraion of the court decision to conduct an evidentiary hearing on plntf motion for a preliminary injunction is granted and on reconsieration the Court adheres to its direction that an evidenciary haring will be held on 2/17/94 at 10:15am ( signed by Judge Lawrence M. McKenna ) (cd) (Entered: 02/15/1994)

ORDER, reset oral argument set for 3/18/94 for plntf motion for a preliminary injunction ( signed by Judge Lawrence M. McKenna ); Copies mailed (cd) (Entered: 02/18/1994)

Filed Memo_Endorsement on letter dated 1/15/94, request for telephone conference denied. All necessary matters may be discussed on 3/18/94... ( signed by Judge Lawrence M. McKenna ) (cd) (Entered: 03/01/1994)

Filed Memo_Endorsement on letter from Edward Scarvalone, AUSA dated 7/8/94, extending time 14 days after receipt of the affirmation to respond to pltff's motion... GRANTED. SO ORDERED, MCKENNA, J. ( signed by Judge Lawrence M. McKenna ) (mk) (Entered: 07/21/1994)

NOTICE OF MOTION by John Andrew Cuoco for temporary restraining order, or alternatively for preliminary injunction. Return date 7/15/94 @10:15. (lam) (Entered: 07/21/1994)

Notice of change of address of pltff. John Andrew Cuoco. (lam)

Memo endorsed on motion; denying [64-1] motion for temporary restraining order, denying [64-2] motion for preliminary injunction. MOTION DENIED WITHOUT PREJUDICE TO RENEWAL UPON AFFIDAVIT SETTING FORTH FACTS IN SUPPORT OF MOTION. SO ORDERED. MCKENNA, J. ( signed by Judge Lawrence M. McKenna ); Copies Mailed Chambers mailed. (lam)

AFFIRMATION of John Andrew Cuoco. (lam) (Entered: 04/12/1995)

MEMORANDUM OF LAW by M. Salamack, M. Malik, J. Michael Quinlan, R. Barraco, Don Moore, G. L. Hershberger, Kenneth Moritsugu opposition to [64-2] motion for preliminary injunction. (djc) (Entered: 04/26/1995)

DECLARATION of J. Howard Losiewicz Re: as to certain facts and information.. (djc) (Entered: 04/26/1995)

MEMORANDUM AND ORDER, Plaintiff's motion for an order pursuant to F.R.C.P. 60(b) granting reconsideration of the Court's order of 9/27/94,... is denied. SO ORDERED: ( signed by Judge Lawrence M. McKenna ) (ae) (Entered: 06/07/1995)

Filed Memo_Endorsement on letter dated 6/8/95, motion filing deadline extended for thirty days re Memorandum order of 5/31/95 ( signed by Judge Lawrence M. McKenna (cd) (Entered: 06/19/1995)

Filed Memo_Endorsement on letter dated 7/5/95, motion filing deadline extended for 30 days for plntf motion for reargument ( signed by Judge Lawrence M. McKenna (cd) (Entered: 08/02/1995)

NOTICE of Change of Address by John Andrew Cuoco (pl) (Entered: 09/11/1995)

NOTICE of CHANGE OF ADDRESS by John Andrew Cuoco (pl) (Entered: 02/28/1996)

NOTICE of change of address by by John Andrew Cuoco (ls) (Entered: 05/23/1996)

MEMORANDUM AND ORDER, Pltff's motion for a preliminary injunction dtd. on or about 5/24/96 is denied w/o prejudice...see doc., Pltffs. Response to defts'. motion for reargument by 12/20/96 ...SO ORDERED... ( signed by Judge Lawrence M. McKenna ); Copies mailed (ls) (Entered: 10/07/1996)

NOTICE OF APPEAL by John Andrew Cuoco ; from . The final Judgment entered in this action on the 2nd day of October, 1996. Copies of notice of appeal mailed to Attorney(s) of Record: None Listed. IFP Granted. (dt) Modified on 10/21/1996 (Entered: 10/21/1996)

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals on 10/23/96 (pl) (Entered: 10/24/1996)

Filed Memo_Endorsement on letter dated 12/26/96, Response to motion for reargument extended for 10 days for plntf ( signed by Judge Lawrence M. McKenna ) (cd) (Entered: 01/08/1997)

MANDATE OF USCA (certified copy) Re: [75-1] appeal by John Andrew Cuoco. It is ordered that the appeal be, and it hereby is dismissed. (96-2833) George Lange, III, Clerk, USCA. (as) (Entered: 01/13/1997)

MANDATE OF USCA (certified copy) Re: [34-1] appeal by John Andrew Cuoco. A motion for reinstatement having been made, upon consideration thereof, it is hereby denied. (96-2833) George Lange, III, Clerk, USCA. (as) (Entered: 06/02/1997)

Memo from Pro-Se Office dated 7/25/97 with change of address for John A. Cuoco. Change indicated on the system. (em)

NOTICE OF MOTION by John Andrew Cuoco for an order pursuant to Rule 25(d)(1) of the FRCP, substituting certain defendants' successors in office, in their official capacity, with the party defendants who cease to hold office, Return date 7/31/97; with declaration in support attached. (ae) (Entered: 09/24/1997)

MEMORANDUM by J. Michael Quinlan, Kenneth Moritsugu, R. Barraco re: in support of defts' motion for reargument; in opposition to [80-1] motion for an order pursuant to Rule 25(d)(1) of the FRCP, substituting certain defendants' successors in office, in their official capacity, with the party defendants who cease to hold office (sac) (Entered: 03/06/1998)

Terminated documents 35-1;44-1;48-1;50-1;54-1 pursuant to instructions of Judge McKenna. (rag)

NOTICE OF APPEAL by J. Michael Quinlan, Kenneth Moritsugu, R. Barraco ; from ; the Memorandum and Order dated November 12, 1992, and entered on November 19, 1992, denying defendants' motion for dismissal or for summary judgment, and the Memorandum and order dated September 29, 1998 . Copies of notice of appeal mailed to Attorney(s) of Record: John Andrew Cuoco . Appeal record due on 12/2/98. (dt) (Entered: 11/02/1998)

Notice of appeal and certified copy of docket to USCA: [82-1] appeal by R. Barraco, Kenneth Moritsugu, J. Michael Quinlan ; Copy of notice of appeal sent to District Judge. (dt)

NOTICE OF APPEAL by John Andrew Cuoco ; from memorandum & order entered on 11/19/92 granting in part, defts. motion for dismissal or for summary judgment and memorandum & order dated September 29, 1998. Copies of notice of appeal mailed to Attorney(s) of Record: US Attys Office. Fee Pd. $105.00, rec # 345678. . (as) (Entered: 06/25/1999)

Notice of appeal and certified copy of docket to USCA: [88-1] appeal by John Andrew Cuoco ; Copy of notice of appeal sent to District Judge. (as)

Notice of reassignment to Judge William H. Pauley III. Copy of notice and judge's rules mailed to Attorney(s) of record: John Andrew Cuoco . (pl) (Entered: 12/01/1998)

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [82-1] appeal by R. Barraco, Kenneth Moritsugu, J. Michael Quinlan. (dt) (Entered: 12/18/1998)

Filed letter from A. Tull, Pro Se Office, re Notice of appeal dated 11/6/98. (as) (Entered: 06/25/1999)

ORDER, purs to Rule 10(e) of the Federal Rules of Appellate Procedure, that the Clerk shall file in the official record of this matter the attached copies of documents as described in this order ( signed by Judge William H. Pauley III ); Copies mailed (lam) (Entered: 05/18/1999)

Filed notice of 1st suppl. transmittal of R.O.A. [82-1] appeal by R. Barraco, Kenneth Moritsugu, J. Michael Quinlan. (dt) (Entered: 05/19/1999)

USCA appeal fees received $ 105.00 on May 21, 1999 on receipt # E 345678. (dt)

ORDER, pursuant to Rule 10(e) of the FRAP, that the Clerk shall file in the official record of this matter the copies of documents as set forth in this document (signed by Judge William H. Pauley III); Copies mailed. (kw) Modified on 06/10/1999 (Entered: 06/09/1999)

1st Supplemental indexed record on appeal files (98-2954) sent to the U.S.C.A. *Files requested by Elizabeth Munoz from the U.S.C.A.)*. (dt)

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [88-1] appeal by John Andrew Cuoco (as) (Entered: 06/25/1999)