Thomas v. Delancy et al (9:17-cv-01023-GLS-CFH)

ORDER STAYING CASE AND REFERRING CASE TO PRISONER MEDIATION PROGRAM: ORDERED that with good cause appearing, the instant case is hereby referred to Magistrate Judge Christian F. Hummel for a mediation hearing. Upon the conclusion of the mediation pro ceedings, the referral of this matter shall be concluded and the assigned Judge and Magistrate Judge shall have jurisdiction as to all further matters in the action. For the foregoing reasons and for good cause shown, 1. The case is hereby referred to the NYND Prisoner Mediation Program. 2. All pretrial deadlines are hereby STAYED, until further Order of the Court. Signed by Senior Judge Gary L. Sharpe on June 9, 2022. {order served via regular mail on plaintiff}(nas)

ORDER: ORDERED that the Report-Recommendation and Order (Dkt. No. (Document 67) ) is ADOPTED in its entirety. ORDERED that defendants' motion for summary judgment (Dkt. No. (Document 55) ) is DENIED IN PART and GRANTED IN PART as follows: DENIED with respect to plaintiff Gavin C. Thomas' First Amendment free exercise claim against Delaney and GRANTED in all other respects. Signed by Senior Judge Gary L. Sharpe on 9/6/19. {order served via regular mail on plaintiff}(nas)

DECISION AND ORDER: ORDERED that plaintiff's motion to amend (Dkt. No. (Document 43) ) is GRANTED in part and DENIED in part as set forth above. Specifically, the motion to amend is GRANTED to the extent that plaintiff asserts the following claims: (1) First Amendment free exercise claims against defendants Dupra, Delaney, LaValley and Corrections Officer Stoughton; (2) RLUIPA claims for injunctive and declaratory relief against defendants Dupra, Delaney, LaValley and Corrections Officer Stoughton in their official capacities; and (3) First Amendment retaliation claims against defendants Dupra, Delaney, LaValley, Corrections Officer Stoughton, and Corrections Officer Crowningshield. The motion to amend is DENIED in all other respects. ORDERE D that the Clerk is directed to (1) dismiss the May 2018 Proposed Second Amended Complaint (Dkt. No. (Document 34) ) as superseded by the June 2018 Proposed Second Amended Complaint (Dkt. No. (Document 43) ); (2) file the June 2018 Proposed Second Amended Complaint (Dkt . No. 43) as the second amended complaint in this action; and (3) revise the docket to add "Stoughton, Correctional Officer" and "Crowningshield, Correctional Officer" as defendants. The second amended complaint, as modified herei n, will supersede and replace the previously filed amended complaint and will be the operative pleading. ORDERED that, upon receipt from plaintiff of the documents required for service of process on defendants Stoughton and Crowningshield, the Cl erk shall issue summonses and forward them, along with copies of the second amended complaint, to the United States Marshal for service upon those defendants. ORDERED that a formal response to plaintiff's second amended complaint be filed by d efendants Delaney, Dupra, LaValley, Stoughton and Crowningshield, or their counsel, as provided for in Rule 12 of the Federal Rules of Civil Procedure. Signed by Senior Judge Gary L. Sharpe on 7/23/18. {order served via regular mail on plaintiff}(nas, )

DECISION AND ORDER: ORDERED that (Document 7) Motion for Leave to Proceed in forma pauperis is granted. ORDERED that the Department of Corrections and Community Supervision, and all claims against it, are DISMISSED with prejudice pursuant to 28 U.S.C. & #167; 1915(e)(2)(B) and 28 U.S.C. § 1915A(b). ORDERED that the First Amendment free exercise and retaliation claims against defendants Dupra and Delaney survive sua sponte review pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) and require a response. ORDERED that, upon receipt from plaintiff of the documents required for service of process, the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for serv ice upon defendants Dupra and Delaney. The Clerk shall forward a copy of the summons and complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. Signed by Senior Judge Gary L. Sharpe on 9/29/17. {order served via regular mail on plaintiff}(nas)

ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP Application is DENIED as incomplete. ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if plaintiff desires to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either (1) pay the full $400.00 filing fee for c ivil actions or (2) submit a completed and signed IFP Application that has been certified by an appropriate official at his facility. Signed by Senior Judge Gary L. Sharpe on 9/14/17. {order and blank ifp form served via regular mail on plaintiff}(nas, )