United States District Court, N.D. New York
DOLBERRY, THORN, GERSHON LAW FIRM HON. ERIC T. SCHNEIDERMAN
New York State Attorney General Attorney for Defendants.
N. KORDICH, ESQ. DENISE P. BUCKLEY, ESQ. MICHAEL G. MCCARTIN,
DECISION AND ORDER
N. HURD United States District Judge.
Andre Dolberry ("Dolberry" or
"plaintiff") has filed a pro se motion for
preliminary injunctive relief. Dkt. No. 129. Defendants have
not responded to plaintiff's motion. For the reasons
stated below, plaintiff's motion is denied.
2011, Dolberry commenced this action seeking relief for the
alleged violation of his constitutional rights during his
incarceration with the New York State Department of
Corrections and Community Supervision
("DOCCS"). Plaintiff's allegations involved
incidents that allegedly occurred from June 2009 through
November 2009 at Coxsackie Correctional Facility
Order filed in November 2011, after review of the complaint
in accordance with 28 U.S.C. §§ 1915(e) and 1915A,
Dolberry's causes of action for the deprivation of
procedural due process, denial of equal protection, unlawful
retaliation, denial of court access, and cruel and unusual
punishment survived sua sponte review and were permitted to
proceed against defendants Glenn Saltsman
("Saltsman"), Christopher McDermott
("McDermott"), John Jakob ("Jakob"), Eric
Gutwein ("Gutwein"), Correction Officer Silvernail
("Silvernail"), and Superintendent Martuscello
("Martuscello"). Dkt. No. 5; Dkt. No. 54 at 10.
Thereafter, defendants filed an answer to the complaint. Dkt.
March 2013, Dolberry filed a motion for summary judgment and,
in May 2013, defendants cross-moved for summary judgment.
Dkt. Nos. 37, 45.
October 2013, Dolberry filed a notice indicating that he was
incarcerated at Albany County Correctional Facility
("Albany County C.F."). Dkt. No. 50.
March 2014, Dolberry was transferred to Downstate
Correctional Facility ("Downstate C.F."). Docket
Report (March 24, 2014).
Decision and Order filed March 28, 2014, the Court adopted a
Report and Recommendation issued on February 28, 2014 (Dkt.
No. 54) denying Dolberry's motion for summary judgment
and dismissing plaintiff's complaint based upon his
material misrepresentations to the Court, made under oath,
that he had not commenced any prior actions related to his
imprisonment. Dkt. No. 56. At that time, the Court also
denied defendants' cross-motion as moot. Id.
April 2014, Dolberry filed an appeal with the United States
Court of Appeals for the Second Circuit ("Second
Circuit"). Dkt. No. 58.
2014, Dolberry was transferred to Coxsackie C.F. and then to
Clinton Correctional Facility ("Clinton ...