CLAUSO v. BONDS et al

Filing 55

MEMORANDUM OPINION & ORDER. ORDERED that within 14 days of this Order, Defendants shall file a supplement, including any additional exhibits, addressing the discrepancy between the statement of fact and Plaintiff's face sheet. Signed by Judge Noel L. Hillman on 2/16/2021. (dmr)(n.m.)

Case 1:18-cv-12217-NLH-LHG Document 55 Filed 02/16/21 Page 1 of 2 PageID: 510

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
:
THOMAS JAMES CLAUSO,
:
:
Plaintiff,
:
Civ. No. 18-12217 (NLH)(LHG)
:
v.
:
MEMORANDUM OPINION & ORDER
:
:
WARDEN WILLIE BONDS, et al., :
:
Defendants.
:
______________________________:
APPEARANCE:
Thomas James Clauso
59252
South Woods State Prison
215 South Burlington Road
Bridgeton, NJ 08302
Plaintiff pro se
Gurbir S. Grewal, Attorney General of New Jersey
Niccole L. Sandora, Deputy Attorney General
Office of the New Jersey Attorney General
R.J. Hughes Justice Complex
PO Box 116
Trenton, NJ 08625
Counsel for Defendants Willie Bonds, Guard Hansen, and
Guard Martinelli
HILLMAN, District Judge
WHEREAS, Defendants Willie Bonds, Guard Hansen, and Guard
Martinelli have filed a motion for summary judgment on Plaintiff
Thomas Clauso’s complaint, see ECF No. 47; and

Case 1:18-cv-12217-NLH-LHG Document 55 Filed 02/16/21 Page 2 of 2 PageID: 511

WHEREAS, Plaintiff alleges Hansen and Martinelli took his
medical brace and cane away from him, causing him to be unable
to walk, ECF No. 1 at 13; and
WHEREAS, Defendants submit as a material fact not in
dispute that Plaintiff did not have active medical orders for
those items when they were removed, ECF No. 47-1 ¶ 43; and
WHEREAS, Plaintiff’s face sheet, submitted by Defendants as
Exhibit A, lists a medical alert: “NEED FOR WHEEL CHAIR OR OTHER
DEVICE,” ECF No. 47-4 at 2; and
WHEREAS, Defendants have not addressed this discrepancy in
their papers; and
WHEREAS, Federal Rule of Civil Procedure 56 permits courts
to give parties an opportunity to properly address or support a
fact, Fed. R. Civ. P. 56(e)(1),
THEREFORE, IT IS on this

16th

day of February, 2021

ORDERED that within 14 days of this Order, Defendants shall
file a supplement, including any additional exhibits, addressing
the discrepancy between the statement of fact and Plaintiff’s
face sheet; and it is finally
ORDERED that the Clerk shall send Plaintiff a copy of this
Order by regular mail.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey
2