Case: J.S. v. New York State Department of Corrections and Community Supervision

U.S. Court of Appeals for the Second Circuit

COMPLAINT J.S. against New York State Department of Corrections and Community Supervision (DOCCS) $ 400 receipt number 0209-3765366, filed by J. S.. (Attachments: # 1 Exhibit 1 - IHO Decision)(Goldman, Simeon) (Entered: 03/11/2020)

1 Exhibit 1 - IHO Decision

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E-Filing Notification: Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (CGJ)

CONTINUATION OF EXHIBITS by J. S.. Civil Cover Sheet filed by J. S.. (Goldman, Simeon) (Entered: 03/12/2020)

CONTINUATION OF EXHIBITS by J. S.. to 1 Complaint Exhibit 2 filed by J. S.. (Goldman, Simeon) (Entered: 03/12/2020)

Case assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (CGJ)

AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (CGJ)

Original summons not submitted. (CGJ)

CONTINUATION OF EXHIBITS by J. S.. Summons filed by J. S.. (Goldman, Simeon) (Entered: 03/12/2020)

Summons Issued as to New York State Department of Corrections and Community Supervision. (BK) (Entered: 03/13/2020)

AFFIDAVIT of Service for Summons and Complaint served on Mark Richter on 03/30/2020, filed by J. S.. (Goldman, Simeon) (Entered: 04/01/2020)

MOTION to Dismiss by New York State Department of Corrections and Community Supervision. (Attachments: # 1 Memorandum in Support)(Longo, Darren) (Entered: 05/28/2020)

TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. ยง 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. ยง 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/1/2020. (KLH) (Entered: 06/01/2020)

TEXT ORDER: Plaintiff's response to defendant's motion to dismiss 7 shall be filed by June 11, 2020; defendant's reply, if any, shall be filed by June 15, 2020, after which time the motion will be taken under advisement without oral argument unless requested by one of the parties or deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/1/2020. (DAZ) (Entered: 06/01/2020)

Letter Motion to extend time to file response/reply y J. S. as to New York State Department of Corrections and Community Supervision regarding motion schedule. (Goldman, Simeon) Modified on 6/3/2020 - changed to motion (DAZ). (Entered: 06/02/2020)

TEXT ORDER granting 10 Motion for Extension of Time to File Response/Reply. Plaintiff's response to defendant's motion to dismiss 7 shall be filed by June 26, 2020; defendant's reply, if any, shall be filed by July 10, 2020, after which time the motion will be taken under advisement without oral argument unless requested by one of the parties or deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/3/2020. (DAZ) (Entered: 06/03/2020)

RESPONSE in Opposition re 7 MOTION to Dismiss filed by J. S.. (Goldman, Simeon) (Entered: 06/26/2020)

MEMORANDUM/BRIEF re 12 Response in Opposition to Motion (Reply brief) by New York State Department of Corrections and Community Supervision. (Longo, Darren) (Entered: 07/09/2020)

MOTION for Leave to File Sur-Reply by J. S..(Goldman, Simeon) (Entered: 07/10/2020)

E-Filing Notification: 14 MOTION for Leave to File Sur-Reply. Notice of Motion. A notice of motion is required for all motions, and must state: the relief sought, the grounds for the request, the papers submitted in support, and the return date for the motion, if known. A moving party who intends to file and serve reply papers must so state in the notice of motion. Please re-file in proper format. (BK)

TEXT ORDER granting plaintiff's letter motion 14 for leave to file sur-reply of no more than three pages. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/13/2020. (JD) (Entered: 07/13/2020)

REPORT AND RECOMMENDATION re: defendant's motion to dismiss 7 . Objections to the R&R due by 10/19/2020. Signed by Hon. Jeremiah J. McCarthy on 10/5/20. (MDY)

Letter filed by J. S. as to New York State Department of Corrections and Community Supervision Seeking extension to file objections. (Goldman, Simeon) (Entered: 10/09/2020)

TEXT ORDER. The Court grants Plaintiff's request for an extension of time to file objections for the reasons set forth in Dkt. 17. Plaintiff's objections are due by 11/2/2020. Defendant's response is due by 11/16/2020. Plaintiff's reply, if any, is due by 11/23/2020. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/9/2020. (KEF) (Entered: 10/09/2020)

Letter filed by J. S. as to New York State Department of Corrections and Community Supervision Requesting Permission to File Late Objections. (Goldman, Simeon) (Entered: 11/05/2020)

TEXT ORDER. The Court grants Plaintiff's unopposed request for time to file late objections (Dkt. 19). Plaintiff shall file objections by 11/16/2020. Defendant's response is due by 11/30/2020. Plaintiff's reply, if any, is due by 12/7/2020. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/5/2020. (KEF) (Entered: 11/05/2020)

OBJECTIONS to Report and Recommendation of Magistrate filed by Plaintiff J. S... (Attachments: # 1 Certification of Plaintiff's Objections to Report and Recommendations, # 2 Memorandum in Support Plaintiff's Objections to Report and Recommendations)(Goldman, Simeon) (Entered: 11/16/2020)

NOTICE of Appearance by Julie M. Keegan on behalf of All Plaintiffs (Keegan, Julie) (Entered: 02/11/2021)

TEXT ORDER. Defendant shall file a memorandum addressing the applicability of Winkelman ex rel. Winkelman v. Parma City School District, 550 U.S. 516 (2007), to this case by 4/13/2021. Plaintiff shall respond by 4/20/2021. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 3/30/2021. (KEF) (Entered: 03/30/2021)

MEMORANDUM/BRIEF re 23 Text Order, re Winkelman by New York State Department of Corrections and Community Supervision. (Longo, Darren) (Entered: 04/13/2021)

DECISION AND ORDER accepting and adopting Judge McCarthy's 16 Report and Recommendations and granting DOCC's 7 Motion to Dismiss. J.S.'s complaint is dismissed with prejudice. The Clerk of Court shall close this case. Signed by Hon. John L. Sinatra, Jr. on 8/30/2021. (KLH)-CLERK TO FOLLOW UP-

JUDGMENT in favor of New York State Department of Corrections and Community Supervision against J. S. Signed by Mary C. Loewenguth, Clerk of Court on 9/1/2021. (JLV) (Entered: 09/01/2021)

NOTICE OF APPEAL by J. S.. Filing fee $ 505, receipt number 0209-4373390. Appeal Record due by 10/12/2021. (Keegan, Julie) (Entered: 09/28/2021)

CERTIFICATE OF SERVICE by J. S. of Notice of Appeal (Keegan, Julie) (Entered: 09/29/2021)

E-Filing Notification: 27 NOTICE OF APPEAL; Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. (JLV)

E-Filing Notification: 27 NOTICE OF APPEAL; Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (JLV)

DESIGNATION of Record on Appeal by J. S. re 27 Notice of Appeal CLERK TO FOLLOW UP (Keegan, Julie) (Entered: 10/08/2021)

CLERKS CERTIFICATE filed and electronically sent to Court of Appeals. (JLV) (Entered: 10/12/2021)