Case: Higgins v. Coombe

Order endorsed on declaration and support of request to proceed in forma pauperis, granted ; ( signed by Chief Judge Thomas P. Griesa ) (jl) (Entered: 11/18/1994)

PETITION for writ of Certiorari (jl) (Entered: 11/18/1994)

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (jl) (Entered: 11/18/1994)

It is suggested that the case be classified as Unknown. Magistrate Judge Gershon is so Designated. (jl)

ORDER that case be referred to Case Processing Assistant for Assignment of a Magistrate Judge for General Pretrial. SO ORDERED: ( signed by Judge Miriam G. Cedarbaum ) (ae) (Entered: 11/28/1994)

NOTICE OF CASE ASSIGNMENT to Magistrate Judge Nina Gershon endorsed on order of reference to Magistrate Judge. Referred for General Pretrial. (ae)

ACKNOWLEDGEMENT OF SERVICE as to Thomas A. Bushek by mail on 2/3/95 (kk) (Entered: 03/06/1995)

NOTICE of change of address of pro-se pltff. by Thomas J. Higgins (ls) (Entered: 03/08/1995)

Filed Memo_Endorsement on letter by Donna Pardini to Magistrate Judge Gershon dated 3/3/95, Reset answer due for 5/22/95 for Thomas A. Bushek, for D. Bliden, for DR. Beckles, for Christopher Artuz, for Philip Coombe Jr. ( signed by Magistrate Judge Nina Gershon ) (ae) (Entered: 03/10/1995)

ORDER, answer due for 2/24/95 for Thomas A. Bushek, for D. Bliden, for DR. Beckles, for Christopher Artuz ( signed by Judge Miriam G. Cedarbaum ); Copies mailed (cd) (Entered: 03/13/1995)

NOTICE OF MOTION by Thomas J. Higgins for default judgment against Philip Coombe Jr., and for appointment of counsel Return date not indicated. (lam) (Entered: 03/21/1995)

AFFIDAVIT in support of Angela M. Cartmill (pl) (Entered: 05/25/1995)

Letter filed by Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek dated 5/2/95 re: continuance of this action for 90 days and.... (dktd. & fld. as per instr. of chambers on 6/7/95 (pl) (Entered: 06/12/1995)

ORDER, defts' motion for an order purs. to 42 USC 1997e requiring pltff to exhaust his administrative remedies before proceeding with this action is denied. ( signed by Judge Miriam G. Cedarbaum ); Copies mailed (kg) (Entered: 06/12/1995)

NOTICE of CHANGE OF ADDRESS by Thomas J. Higgins (pl) (Entered: 06/26/1995)

ANSWER to Complaint by Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek (Attorney Robert F. Bacigalupi), ; Firm of: Dennis C. Vacco by attorney Robert F. Bacigalupi for defendant Thomas A. Bushek (djc) (Entered: 06/22/1995)

AMENDED ANSWER to Complaint by Philip Coombe Jr., Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek : amends [13-1] answer; jury demand (lam) (Entered: 08/03/1995)

ORDER denying [9-2] motion for appointment of counsel ( signed by Judge Miriam G. Cedarbaum ); Copies mailed (cd) (Entered: 08/02/1995)

ORDER denying [9-1] motion for default judgment against Philip Coombe Jr. ( signed by Judge Miriam G. Cedarbaum ); Copies mailed (cd) (Entered: 08/07/1995)

NOTICE OF APPEAL by Thomas J. Higgins ; from [17-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: NYS Atty. General. (as) (Entered: 11/17/1995)

ORDER, reset discovery due for 11/29/95, set dispositive motion filing deadline for 12/29/95 ( signed by Magistrate Judge Nina Gershon ); Copies mailed (emil) (Entered: 09/07/1995)

ORDER, denying plntf motion for default judgment against deft Coombe ( signed by Judge Miriam G. Cedarbaum ); Copies mailed (cd) (Entered: 10/27/1995)

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [20-1] appeal by Thomas J. Higgins (rag) (Entered: 12/01/1995)

Notice of appeal and certified copy of docket to USCA: [20-1] appeal by Thomas J. Higgins ; Copy of notice of appeal sent to District Judge. (as)

ENDORSEMENT on letter dated 11/22/95 setting Discovery cutoff 12/29/95 ; Deadline for filing of all motions 1/29/96 ; ( signed by Magistrate Judge Nina Gershon ) ; Copies mailed (rag) (Entered: 12/08/1995)

Letter filed by Thomas J. Higgins dated 11/6/95 re Extension of Time (see document #23) (rag) (Entered: 12/08/1995)

ORDER, GRANTING LEAVE FOR THE TAKING OF THE DEPOSITION OF A PRISONER ... that the deposition upon oral examination of plaintiff Thomas J. Higgins be taken at Sing Sing correctional Facility on December 5, 1995.... ( signed by Judge Miriam G. Cedarbaum ); Copies mailed (djc) (Entered: 12/08/1995)

Filed Memo_Endorsement on letter dated 1/9/96, discovery due for 1/12/96 ( signed by Magistrate Judge Nina Gershon ) (cd) (Entered: 01/17/1996)

MANDATE OF USCA (certified copy) Re: [20-1] appeal by Thomas J. Higgins : This court having determined sua sponte that it lacks jurisdiction over this appeal because a final order has not been issued by the district court as contemplated by 28 USC sec. 1291, it is ordered that said appeal be and it hereby is dismissed. [95-2752] GEORGE LANGE, III, Clerk, USCA. (as) (Entered: 01/23/1996)

NOTICE OF MOTION by Philip Coombe Jr., Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek for summary judgment in defendants' favor on the ground that there is not genuine issue as to any material facts and defendants are entitled to judmgent as a matter of law., Return date (ae) (Entered: 02/02/1996)

MEMORANDUM OF LAW by Philip Coombe Jr., Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek in support of [27-1] motion for summary judgment in defendants' favor on the ground that there is not genuine issue as to any material facts and defendants are entitled to judmgent as a matter law. (ae) (Entered: 02/02/1996)

AFFIRMATION of Thomas Higgins by Thomas J. Higgins in opposition to Re: [27-1] motion for summary judgment in defendants' favor on the ground that there is not genuine issue as to any material facts and defendants are entitled to judmgent as a matter of law. (ae) (Entered: 05/24/1996)

MEMORANDUM OPINION AND ORDER # 77220 granting [27-1] motion for summary judgment in defendants' favor on the ground that there is not genuine issue as to any material facts and defendants are entitled to judmgent as a matter of law. ...So Ordered.....( Signed by Judge Miriam G. Cedarbaum ) (pl) (Entered: 09/05/1996)

MEMORANDUM by Philip Coombe Jr., Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek in SUPPORT of [27-1] motion for summary judgment in defendants' favor on the ground that there is not genuine issue as to any material facts and defendants are entitled to judmgent as a matter of law. (lam) (Entered: 04/15/1997)

AFFIDAVIT of Dr. Norman H. Selwin, Acting Medical Dir. of Green Haven Corr. Fac. for Philip Coombe Jr., Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek in SUPPORT of [32-1] motion for an order, purs to Rule 56 of the FRCP, granting summary judgment. (lam) (Entered: 04/15/1997)

MEMORANDUM OPINION AND ORDER #80255, defendants' motion for summary judgment is granted ( Signed by Judge Miriam G. Cedarbaum ); Copies mailed; sent orig. to J.C. on 3/16/98 (ae) (Entered: 03/16/1998)

Terminated document 32-1 as per instructions of Judge Cedarbaum dated 03/13/98. (rag)

JUDGMENT, that for the reasons stated in the Court's Memorandum Opinion (80255) and Order of 3/11/98, deft's motion for summary judgment is granted (James M. Parkison, Clerk of Court); Mailed copies and notice of right to appeal. (cd) (Entered: 03/17/1998)

Letter filed to Judge Cedarbaum by Thomas J. Higgins dated 5/23/95 re respnse to deft motion of 5/2/95 (cd) (Entered: 03/19/1998)

Letter filed to Judge Cedarbaum by R. Bacigalupi, dated 7/28/95 re possible default (cd) (Entered: 03/19/1998)

Letter to Judge Cedarbaum from R. Cardinal dated 3/14/98 re supplemental motion for summary judgment (cd) (Entered: 03/19/1998)

Letter filed to Thomas J. Higgins, from Chambers dated 7/1/97 re no response to deft summary jgm motion (cd) (Entered: 03/19/1998)

Letter filed to Judge Cedarbaum by Philip Coombe Jr. dated 5/19/97 re no response to their sum jgm motion (cd) (Entered: 03/19/1998)

Letter filed to Judge Cedarbaum by Philip Coombe Jr. dated 9/9/97 re no response to their sum jgm motion (cd) (Entered: 03/19/1998)

Case closed (cd)