New York Northern District - Online Case Search

(#19) TEXT ORDER GRANTING #18 LETTER REQUEST FOR AN EXTENSION OF TIME FOR DEFENDANT SCOTT PINNEY TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT ON OR BEFORE 10/1/2018. AUTHORIZED BY MAGISTRATE JUDGE DAVID E. PEEBLES ON 9/10/2018. (SAL ) (ENTERED: 09/10/2018)

(#18) LETTER MOTION FROM COUNSEL FOR DEFEDANT SCOTT PINNEY FOR SCOTT PINNEY REQUESTING EXTENTION TO RESPOND TO COMPLANT UNDER R. 6(B)(1)(A) SUBMITTED TO JUDGE PEEBLES . (SMITH, THOMAS) (ENTERED: 09/10/2018)

PLAINTIFF'S ADDRESS UPDATED TO MARCY CORRECTIONAL FACILITY PER DKT. NO. 15 AND CONFIRMED WITH DOCCS. (ALH, ) (ENTERED: 09/18/2018)

(#15) LETTER FROM JEROME WASHINGTON. (ALH, ) (ENTERED: 09/06/2018)

(#13) DEMAND FOR TRIAL BY JURY BY ALTHEA SUSLIK, FNP. (CARAFA, THOMAS) (ENTERED: 09/26/2018)

(#12) ANSWER TO #1 COMPLAINT, WITH JURY DEMAND BY ALTHEA SUSLIK, FNP.(CARAFA, THOMAS) (ENTERED: 09/26/2018)

(#14) TEXT ORDER GRANTING #13 LETTER BRIEF FILED BY AUTO-OWNERS INSURANCE COMPANY: IT IS HEREBY ORDERED THAT DEFENSE COUNSEL'S REQUEST FOR AN EXTENSION OF TIME TO FILE A STATUS REPORT ADDRESSING THE JURISDICTIONAL ISSUE RAISED AT THE PRE-MOTION TELEPHONE CONFERENCE IS GRANTED. DEFENSE COUNSEL SHALL FILE A STATUS REPORT ON OR BEFORE 10/9/2018. NO FURTHER EXTENSIONS OF THIS DEADLINE WILL BE ENTERTAINED. SIGNED BY U.S. DISTRICT JUDGE MAE A. D'AGOSTINO ON 9/28/2018. (BAN, ) (ENTERED: 09/28/2018)

(#13) LETTER BRIEF TO JUDGE MAE D'AGOSTINO BY AUTO-OWNERS INSURANCE COMPANY. (WEINSTOCK, GREGG) (ENTERED: 09/27/2018)

NOTIFICATION TO SUPERINTENDENT OF FILING - PROVIDED SHERIFF AT CHENANGO COUNTY JAIL WITH NOTICE OF INSTANT ACTION AND A COPY OF PLAINTIFF'S #7 INMATE AUTHORIZATION FORM. USDC/NYND FINANCE DEPT NOTIFIED. (NAS, ) (ENTERED: 09/11/2018)

(#11) MEMORANDUM-DECISION AND ORDER: ORDERED, THAT PLAINTIFF'S IFP APPLICATION (DKT. NO. #6 ) IS GRANTED. ORDERED, THAT PLAINTIFF'S CLAIMS AGAINST THE CHENANGO COUNTY SHERIFF'S OFFICE ARE DISMISSED WITH PREJUDICE. ORDERED, THAT THE CLERK TERMINATE CHENANGO COUNTY SHERIFF'S OFFICE AS A DEFENDANT AND ADD CHENANGO COUNTY AND THE COMMISSIONER OF CORRECTIONS AS DEFENDANTS. ORDERED, THAT IF PLAINTIFF WISHES TO PROCEED WITH THIS ACTION, HE MUST FILE AN AMENDED COMPLAINT AS DIRECTED WITHIN THIRTY DAYS FROM THE FILING DATE OF THIS MEMORANDUM-DECISION AND ORDER. ORDERED, THAT IF PLAINTIFF TIMELY FILES AN AMENDED COMPLAINT, THIS MATTER BE RETURNED TO THE COURT FOR FURTHER REVIEW. ORDERED, THAT IF PLAINTIFF FAILS TO TIMELY FILE AN AMENDED COMPLAINT AS DIRECTED, THE CLERK SHALL ENTER JUDGMENT INDICATING THAT THIS ACTION IS DISMISSED WITHOUT PREJUDICE WITHOUT FURTHER ORDER OF THIS COURT PURSUANT TO 28 U.S.C. 1915(E)(2)(B) AND 1915A(B) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED. IN THAT EVENT, THE CLERK IS DIRECTED TO CLOSE THIS CASE. ORDERED, THAT PLAINTIFF'S MOTION FOR COUNSEL (DKT. NO. #3 ) IS DENIED AS MOOT WITHOUT PREJUDICE TO RENEW. ORDERED, THAT PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (DKT. NO. #4 ) IS DENIED AS MOOT WITHOUT PREJUDICE TO RENEW. SIGNED BY SENIOR JUDGE LAWRENCE E. KAHN ON 9/11/18. {ORDER SERVED VIA REGULAR MAIL ON PLAINTIFF}(NAS, ) (ENTERED: 09/11/2018)

(#9) TEXT ORDER GRANTING #8 LETTER REQUEST, COUNTY OF SCHENECTADY ANSWER DUE 10/7/2018; DOMINIC D'AGOSTINO ANSWER DUE 10/7/2018. AUTHORIZED BY MAGISTRATE JUDGE DANIEL J. STEWART ON 8/28/18. (NAS, ) (ENTERED: 08/28/2018)

(#8) LETTER MOTION FROM JONATHAN M. BERNSTEIN FOR COUNTY OF SCHENECTADY, DOMINIC D'AGOSTINO REQUESTING AN EXTENSION OF TIME TO ANSWER THE SUMMONS AND COMPLAINT SUBMITTED TO JUDGE DANIEL J. STEWART . (BERNSTEIN, JONATHAN) (ENTERED: 08/27/2018)

(#13) NOTICE OF CHANGE OF ADDRESS BY MARK MANWARREN EFFECTIVE DATE 10/4/18 OLD ADDRESS: CHENANGO COUNTY JAIL NEW ADDRESS: 1478 CO. RD. 16, PLYMOUTH NY 13832 (NAS, ) (ENTERED: 09/28/2018)

(#12) MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS FILED BY MARK MANWARREN. (ATTACHMENTS: #1 COVER LETTER; ENVELOPE) (NAS, ) (ENTERED: 09/21/2018)

(#13) AMENDED COURT NOTICE OF RESETTING OF CONFERENCE: THE THE INITIAL CONFERENCE (ORIGINALLY SET FOR 9/20/18) HAS BEE RESET FOR THURSDAY, 9/27/2018 @ 11:00 AM BEFORE MAGISTRATE JUDGE CHRISTIAN F. HUMMEL AND WILL BE HELD TELEPHONICALLY. COUNSEL ARE DIRECTED TO DIAL IN AT 1-888-684-8852, ENTER ACCESS CODE 9772719 AND SECURITY CODE 1234 TO JOIN THE CALL. (TAB) (ENTERED: 09/21/2018)

(#12) COURT NOTICE OF RESETTING OF CONFERENCE: THE THE INITIAL CONFERENCE (ORIGINALLY SET FOR 9/20/18) HAS BEE RESET FOR THURSDAY, 9/27/2018 @ 9:30 AM BEFORE MAGISTRATE JUDGE CHRISTIAN F. HUMMEL AND WILL BE HELD TELEPHONICALLY. COUNSEL ARE DIRECTED TO DIAL IN AT 1-888-684-8852, ENTER ACCESS CODE 9772719 AND SECURITY CODE 1234 TO JOIN THE CALL. (TAB) (ENTERED: 09/21/2018)

(#6) OBJECTION TO #3 REPORT AND RECOMMENDATIONS SUBMITTED BY EMILY SEARS. (MCCARTHY, NOREEN) (ENTERED: 08/27/2018)

(#5) TEXT ORDER GRANTING PLAINTIFF'S #4 LETTER REQUEST FOR AN EXTENSION OF TIME TO OBJECT TO THE REPORT-RECOMMENDATION. OBJECTION DUE BY AUGUST 27, 2018. SO ORDERED BY JUDGE DAVID N. HURD ON 8/15/2018. (SEE) (ENTERED: 08/15/2018)

NOTIFICATION TO SUPERINTENDENT OF FILING - PROVIDED SUPERINTENDENT AT ELMIRA CORRECTIONAL FACILITY WITH NOTICE OF INSTANT ACTION AND A COPY OF PLAINTIFF'S #3 INMATE AUTHORIZATION FORM. USDC/NYND FINANCE DEPT NOTIFIED. (NAS, ) (ENTERED: 09/24/2018)

(#5) DECISION AND ORDER: ORDERED THAT #2 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. ORDERED THAT THE FOLLOWING CLAIMS ARE DISMISSED WITHOUT PREJUDICE PURSUANT TO 28 U.S.C. 1915(E)(2)(B) AND 28 U.S.C. 1915A(B) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED: (1) FOURTEENTH AMENDMENT DUE PROCESS CLAIMS; AND (2) EIGHTH AMENDMENT CLAIMS AGAINST BOULRICE, C.O. DOE #1, AND C.O. DOE #2. ORDERED THAT BOULRICE, C.O. DOE #1, AND C.O. DOE #2 ARE DISMISSED AS DEFENDANTS HEREIN. ORDERED THAT THE EIGHTH AMENDMENT CLAIMS AGAINST SGT. DOE AND C.O. DOE #3 SURVIVE THE COURT'S SUA SPONTE REVIEW UNDER 28 U.S.C. 1915(E)(2)(B) AND 28 U.S.C. 1915A(B) AND REQUIRE A RESPONSE. ORDERED THAT THE OFFICE OF THE ATTORNEY GENERAL IS HEREBY REQUESTED TO PRODUCE THE INFORMATION SPECIFIED ABOVE, TO THE EXTENT THAT IT CAN, REGARDING THE IDENTITY OF THE DEFENDANTS WITHIN THIRTY (30) DAYS OF THE FILING DATE OF THIS DECISION AND ORDER. THE INFORMATION SHOULD BE SENT TO THE CLERK OF THE COURT FOR THE NORTHERN DISTRICT OF NEW YORK ALONG WITH A COPY OF THIS DECISION AND ORDER, AS WELL AS TO PLAINTIFF AT HIS ADDRESS OF RECORD. ONCE THIS INFORMATION IS PROVIDED, THE CLERK SHALL RETURN THIS FILE TO THE COURT FOR FURTHER REVIEW. ORDERED THAT PLAINTIFF'S MOTION FOR THE APPOINTMENT O COUNSEL (DKT. NO. #4 ) IS DENIED WITH LEAVE TO RENEW. SIGNED BY JUDGE BRENDA K. SANNES ON 9/24/18. (ATTACHMENTS: #1 CASE LAW CITED, #2 CASE LAW CITED, #3 CASE LAW CITED, #4 CASE LAW CITED, #5 CASE LAW CITED, #6 CASE LAW CITED, #7 CASE LAW CITED, #8 CASE LAW CITED, #9 CASE LAW CITED, #10 CASE LAW CITED, #11 CASE LAW CITED, #12 CASE LAW CITED, #13 CASE LAW CITED, #14 CASE LAW CITED) {ORDER SERVED VIA REGULAR MAIL ON THE PLAINTIFF; ORDER AND COPY OF COMPLAINT SERVED ON THE OFFICE OF THE ATTORNEY GENERAL}(NAS, ) (ENTERED: 09/24/2018)

TEXT NOTICE RESCHEDULING HEARING ON #9 MOTION FOR DEFAULT JUDGMENT AS TO JEFFREY CRYSLER: RESPONSE TO MOTION DUE BY 10/22/2018. REPLY TO RESPONSE TO MOTION DUE BY 10/26/2018. MOTION HEARING SET FOR 11/6/2018 ON SUBMISSION OF THE PAPERS, WITH NO APPEARANCES REQUIRED, BEFORE U.S. DISTRICT JUDGE MAE A. D'AGOSTINO. (SEE) (ENTERED: 09/18/2018)

(#9) MOTION FOR DEFAULT JUDGMENT AS TO JEFFREY CRYSLER MOTION HEARING SET FOR 10/16/2018 10:00 AM IN ALBANY BEFORE U.S. DISTRICT JUDGE MAE A. D'AGOSTINO RESPONSE TO MOTION DUE BY 10/1/2018 REPLY TO RESPONSE TO MOTION DUE BY 10/5/2018. FILED BY UNITED STATES OF AMERICA. (ATTACHMENTS: #1 AFFIDAVIT OF ADAM KATZ, #2 PROPOSED ORDER/JUDGMENT, #3 AFFIRMATION OF SERVICE) (KATZ, ADAM) (ENTERED: 09/17/2018)

PETITIONER'S LOCATION UPDATED TO 425 W 205TH STREET, APT. 6K, NEW YORK, NY 10034, AS INDICATED IN DKT. NO. 9 AND CONFIRMED ON THE PUBLIC WEBSITE MAINTAINED BY THE NEW YORK DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION THAT PETITIONER WAS RELEASED ON 10/3/18. (ALH, ) (ENTERED: 10/03/2018)

(#9) NOTICE BY FULGENCIO RODRIGUEZ THAT HIS ADDRESS WILL CHANGE ON 10/3/18 TO 425 W 205TH STREET, APT. 6K, NEW YORK, NY 10034. (CLERK NOTES DOCCS HAS PLAINTIFF AS IN CUSTODY AT CAYUGA CORRECTIONAL FACILITY) (ALH, ) (ENTERED: 10/02/2018)

(#10) FACTS IN THE CASE: FILED BY MARCO BITETTO, DATED AUGUST 13, 2018. {CIVIL COVER SHEET AND MAILING ENVELOPE ATTACHED}. (REP) (ENTERED: 08/30/2018)

(#9) REPORT-RECOMMENDATION AND ORDER: IT IS RECOMMENDED THAT THIS ACTION BE SUA SPONTE DISMISSED, BUT THAT PLAINTIFF BE GRANTED LEAVE TO REPLEAD HIS #1 COMPLAINT. IT IS FURTHER ORDERED, THAT THE CLERK OF THE COURT SERVE A COPY OF THIS REPORT-RECOMMENDATION AND ORDER UPON THE PARTIES TO THIS ACTION. PURSUANT TO 28 U.S.C. 636(B)(1), THE PARTIES HAVE FOURTEEN (14) DAYS WITHIN WHICH TO FILE WRITTEN OBJECTIONS TO THE FOREGOING REPORT. SUCH OBJECTIONS SHALL BE FILED WITH THE CLERK OF THE COURT. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN (14) DAYS WILL PRECLUDE APPELLATE REVIEW. SIGNED BY MAGISTRATE JUDGE DANIEL J. STEWART ON AUGUST 17, 2018. (OBJECTIONS TO R&R DUE BY 9/4/2018, CASE REVIEW DEADLINE 9/7/2018){COPY SERVED ON THE PRO SE PLAINTIFF VIA REGULAR MAIL AT 4 FOURTH AVENUE RENSSELAER, NY 12144}.(REP) (ENTERED: 08/17/2018)

TEXT NOTICE OF HEARING: A TELEPHONIC STATUS CONFERENCE IS SET FOR 1/29/2019 AT 11:00 AM BEFORE U.S. MAGISTRATE JUDGE ANDREW T. BAXTER. DEFENSE COUNSEL IS DIRECTED TO INITIATE THE CALL AND CONTACT CHAMBERS AT 315-234-8600 WHEN ALL PARTICIPANTS ARE ON THE CONFERENCE LINE. (NMK) (ENTERED: 09/06/2018)

(#10) TEXT ORDER: THIS ACTION IS WAIVED OUT OF THE MANDATORY MEDIATION PROGRAM. THE COURT WILL REVISIT SETTLEMENT PROSPECTS AT THE NEXT TELEPHONIC STATUS CONFERENCE. SO ORDERED BY U.S. MAGISTRATE JUDGE ANDREW T. BAXTER ON 9/6/2018. (NMK) (ENTERED: 09/06/2018)

(#17) LETTER FROM RANDOLPH INQUIRING AS TO STATUS. (ATTACHMENTS: #1 ENVELOPE)(NAS, ) (ENTERED: 10/03/2018)

(#16) DECISION AND ORDER: ORDERED THAT #13 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS DENIED PURSUANT TO 28 U.S.C. 1915(G) BECAUSE PLAINTIFF HAS THREE "STRIKES" AND IS NOT ENTITLED TO THE "IMMINENT DANGER" EXCEPTION. ORDERED THAT THIS ACTION SHALL BE DISMISSED UNLESS, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS DECISION AND ORDER, PLAINTIFF PAYS THE COURT'S FILING FEE OF FOUR HUNDRED DOLLARS ($400) IN FULL. ORDERED THAT UPON PLAINTIFF'S COMPLIANCE WITH THIS DECISION AND ORDER, THE CLERK OF THE COURT SHALL RETURN THE FILE TO THIS COURT FOR REVIEW OF THE COMPLAINT IN ACCORDANCE WITH 28 U.S.C. 1915A. ORDERED THAT IF PLAINTIFF FAILS TO TIMELY COMPLY WITH THIS DECISION AND ORDER, THE CLERK OF THE COURT IS DIRECTED TO ENTER JUDGMENT DISMISSING THIS ACTION, WITHOUT PREJUDICE, WITHOUT FURTHER ORDER OF THIS COURT. SIGNED BY SENIOR JUDGE THOMAS J. MCAVOY ON 10/1/18. {ORDER SERVED VIA REGULAR MAIL ON PLAINTIFF}(NAS, ) (ENTERED: 10/01/2018)

(#8) FIRST MOTION FOR DEFAULT JUDGMENT AS TO DEFENDANT PATTI J. TURK MOTION HEARING SET FOR 11/2/2018 09:30 AM IN ALBANY BEFORE SENIOR JUDGE LAWRENCE E. KAHN RESPONSE TO MOTION DUE BY 10/16/2018 REPLY TO RESPONSE TO MOTION DUE BY 10/22/2018. FILED BY UNITED STATES OF AMERICA. (ATTACHMENTS: #1 AFFIDAVIT, #2 AFFIRMATION, #3 COMPLAINT, #4 BILL OF COSTS, #5 EXHIBIT A, #6 EXHIBIT B, #7 EXHIBIT C, #8 EXHIBIT D, #9 EXHIBIT E, #10 EXHIBIT F, #11 EXHIBIT G, #12 PROPOSED JUDGMENT, #13 CERTIFICATE OF SERVICE) (MANFREDI, JOHN) (ENTERED: 09/20/2018)

(#7) TEXT ORDER: ON SEPTEMBER 17, 2018, THE CLERKS ENTRY OF DEFAULT [6-1] WAS ENTERED BY THE CLERK AGAINST DEFENDANT, PATTI J. TURK, IN THIS ACTION. SHOULD THE PLAINTIFF CHOOSE TO MOVE FOR A DEFAULT JUDGMENT, THE APPROPRIATE MOTION PURSUANT TO RULE 55(B) AND LOCAL RULE 55.2 MUST BE MADE WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS ORDER. PLAINTIFF MUST ATTACH A COPY OF THE CLERK'S ENTRY OF DEFAULT TO HIS MOVING PAPERS AND IS DIRECTED TO SERVE A COPY OF THE MOTION PAPERS VIA REGULAR MAIL UPON DEFENDANTS AND FILE A CERTIFICATE OF SERVICE OF SAME. IN THE ALTERNATIVE, PLAINTIFF IS DIRECTED TO FILE A STATUS REPORT WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS ORDER. SIGNED BY SENIOR JUDGE LAWRENCE E. KAHN ON SEPTEMBER 19, 2018. (SAS) (ENTERED: 09/19/2018)

(#12) TEXT ORDER : IN LIGHT OF THE ANTICIPATED DISPOSITIVE MOTION BY DEFENDANTS, THE IN PERSON RULE 16 CONFERENCE SET FOR 11/5/2018 AT 9:30 AM IN SYRACUSE IS ADJOURNED WITHOUT DATE. THE DEADLINE FOR FILING A CIVIL CASE MANAGEMENT PLAN AND EXCHANGE OF MANDATORY DISCLOSURES IS STAYED AT THIS TIME. AUTHORIZED BY MAGISTRATE JUDGE DAVID E. PEEBLES ON 9/26/2018. (SAL ) (ENTERED: 09/26/2018)

(#11) TEXT ONLY ORDER - PARTIES REQUEST FOR A STIPULATED BRIEFING SCHEDULE, (DKT. NO. 10), IS GRANTED. DEFENDANTS MAY FILE ANY DISPOSITIVE MOTION ON OR BEFORE OCTOBER 19, 2018. PLAINTIFF'S RESPONSE PAPERS ARE TO BE FILED ON OR BEFORE NOVEMBER 30, 2018. DEFENDANTS' REPLY PAPERS ARE TO BE FILED ON OR BEFORE DECEMBER 14, 2018. THE MOTION SHALL BE MADE RETURNABLE FOR DECEMBER 20, 2018 AT 9:00 A.M. BEFORE SENIOR DISTRICT JUDGE GARY L. SHARPE. THE MOTION WILL BE ON SUBMIT ONLY. NO PERSONAL APPEARANCES ARE NEEDED UNLESS OTHERWISE DIRECTED BY THE COURT. IT IS SO ORDERED. ISSUED BY SENIOR JUDGE GARY L. SHARPE ON 9/26/2018. (JEL, ) (ENTERED: 09/26/2018)

(#21) ANSWER TO COUNTERCLAIM ANSWER TO COUNTERCLAIM BY JOSEPH VELLANO.(CASTORINA, EDWARD) (ENTERED: 10/02/2018)

(#20) ORDER REFERRING CASE TO MANDATORY MEDIATION PROGRAM: THIS CASE IS REFERRED TO PARTICIPATION IN THE MANDATORY MEDIATION PROGRAM. THE PARTIES SHOULD REFER TO GENERAL ORDER #47. THE DEADLINE FOR COMPLETION OF MANDATORY MEDIATION IS 1/31/2019. THE DEADLINE FOR THE PARTIES TO SELECT A MEDIATOR IS 10/24/2018. SIGNED BY MAGISTRATE JUDGE DANIEL J. STEWART ON 9/26/2018. (MAB) (ENTERED: 09/26/2018)

SET DEADLINES/HEARINGS: NOTICE OF COMPLIANCE DEADLINE 11/5/2018 CASE REVIEW DEADLINE 12/4/2018 (NAS, ) (ENTERED: 10/04/2018)

(#12) DECISION AND ORDER: ORDERED THAT PLAINTIFF'S SECOND IFP APPLICATION (DKT. NO. #6 ) IS DENIED AS INCOMPLETE. ORDERED THAT PLAINTIFF MUST, WITHIN THIRTY (30) DAYS OF THE FILING DATE OF THIS DECISION AND ORDER, EITHER (1) PAY AN ADDITIONAL $50 IN SATISFACTION OF THE FULL $400.00 FILING FEE, OR (2) SUBMIT AN IFP APPLICATION WHICH HAS BEEN COMPLETED AND SIGNED BY HIM AND WHICH HAS BEEN CERTIFIED BY AN APPROPRIATE OFFICIAL AT HIS FACILITY. ORDERED THAT, IN THE EVENT PLAINTIFF FAILS TO TIMELY COMPLY WITH THE FILING FEE REQUIREMENTS SET FORTH IN THIS DECISION AND ORDER, THIS ACTION WILL BE DISMISSED WITHOUT PREJUDICE WITHOUT FURTHER ORDER OF THIS COURT AND THE CLERK SHALL CLOSE THE CASE AND REFUND PLAINTIFF HIS $350.00 PAYMENT TOWARD THE FILING FEE. ORDERED THAT UPON PLAINTIFF'S COMPLIANCE WITH THIS DECISION AND ORDER, THE FILE SHALL BE RETURNED TO THE COURT FOR FURTHER REVIEW. ORDERED THAT THE CLERK SHALL SERVE A COPY OF THIS DECISION AND ORDER ON PLAINTIFF ALONG WITH A BLANK IFP APPLICATION AND SECOND COPY OF THIS DECISION AND ORDER FOR HIS USE IN REQUESTING THAT THE CERTIFICATION SECTION OF HIS IFP APPLICATION BE COMPLETED, SIGNED, AND RETURNED TO HIM BY AN APPROPRIATE OFFICIAL AT HIS CORRECTIONAL FACILITY, SO THAT HE MAY SUBMIT IT TO THIS COURT. SIGNED BY SENIOR JUDGE GARY L. SHARPE ON 10/4/18. {ORDER; COPY OF ORDER, AND IFP FORM SERVED VIA REGULAR MAIL ON PLAINTIFF}(NAS, ) (ENTERED: 10/04/2018)

(#19) FIRST MOTION FOR DEFAULT JUDGMENT AS TO DEFENDANTS MOTION HEARING SET FOR 11/15/2018 10:00 AM IN SYRACUSE BEFORE JUDGE BRENDA K. SANNES RESPONSE TO MOTION DUE BY 10/29/2018 REPLY TO RESPONSE TO MOTION DUE BY 11/5/2018. FILED BY THE SECRETARY OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (ATTACHMENTS: #1 AFFIDAVIT, #2 AFFIRMATION AND MEMORANDUM OF LAW, #3 COMPLAINT, #4 AFFIDAVITS OF SERVICE, #5 BILL OF COSTS, #6 JUDGMENT, #7 EXHIBIT A, #8 EXHIBIT B, #9 EXHIBIT C, #10 EXHIBIT D, #11 EXHIBIT E, #12 EXHIBIT F, #13 EXHIBIT G, #14 EXHIBIT H, #15 EXHIBIT I, #16 CERTIFICATE OF SERVICE OF NOTICE OF MOTION) (MANFREDI, JOHN) (ENTERED: 09/28/2018)

(#18) CLERK'S ENTRY OF DEFAULT AS TO THE SECRETARY OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RE #17 REQUEST FOR ENTRY OF DEFAULT (KHR) (ENTERED: 09/28/2018)