Sides v. Paoloa et al

Filing 57

ORDER: ORDERED that the parties shall have SIXTY (60) DAYS from the filing date of this Order within which to file SUPPLEMENTAL BRIEFING concerning the issues of tolling, qualified immunity, exhaustion, and "other defenses," as addressed by the Second Circuit's Mandate. ORDERED that this matter is REFERRED to the Honorable Christian F. Hummel, United States Magistrate Judge, for a REPORT-RECOMMENDATION addressing the issues in this case as instructed by the Second Circuit's Mandate. Signed by U.S. District Judge Mae A. D'Agostino on 12/13/19. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

DARRICK LEE SIDES,
Plaintiff,
v.

9:15-CV-1203
(MAD/CFH)

DOCTOR PAOLANO, Doctor; Coxsackie
Medical Unit, individually and officially, DR.
JON MILLER, Doctor; Coxsackie Medical
Unit, individually and officially, P. SNYDER,
Nurse; Coxsackie Medical Unit, individually
and officially, and P. SCHMIDT, Nurse;
Coxsackie Medical Unit, individually and
officially,
Defendants.

APPEARANCES:

OF COUNSEL:

DARRICK LEE SIDES
96-A-5286
Plaintiff, Pro se
Elmira Correctional Facility
P.O. Box 500
Elmira, NY 14902
HON. LETITIA JAMES
OFFICE OF THE NEW YORK
STATE ATTORNEY GENERAL
The Capitol
Albany, New York 12224
Attorneys for Defendants

CHRISTOPHER J. HUMMEL, AAG

Mae A. D'Agostino, U.S. District Judge:
ORDER
The Court of Appeals for the Second Circuit issued a Mandate, entered on this Court's
Docket on November 14, 2019, vacating and remanding this Court’s prior judgment, and

instructing this Court to "to determine in the first instance whether equitable tolling should apply
based on the circumstances of this case, including the notary’s temporary unavailability." Dkt.
No. 56 ("Second Circuit Mandate"). The Circuit further noted, "Appellees raised other defenses
with the District Court. These included qualified immunity and Sides's failure in conflict with the
Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), to exhaust administrative remedies. We
invite the District Court to consider these and other defenses on remand, as it deems suitable." Id.
The parties are hereby directed that they have sixty (60) days from the filing date of this
Order within which to file supplemental briefing concerning the issues of tolling, qualified
immunity, exhaustion, and "other defenses," as addressed by the Second Circuit’s Mandate.
Furthermore, this matter is referred to the Honorable Christian F. Hummel, the United
States Magistrate Judge assigned to this case, for a Report-Recommendation addressing the issues
in this case as instructed by the Second Circuit's Mandate.
Based on the foregoing, it is hereby
ORDERED that the parties shall have SIXTY (60) DAYS from the filing date of this
Order within which to file SUPPLEMENTAL BRIEFING concerning the issues of tolling,
qualified immunity, exhaustion, and "other defenses," as addressed by the Second Circuit's
Mandate; and it is further
ORDERED that this matter is REFERRED to the Honorable Christian F. Hummel,
United States Magistrate Judge, for a REPORT-RECOMMENDATION addressing the issues in
this case as instructed by the Second Circuit's Mandate; and it is further

2

ORDERED that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.
Dated: December 13, 2019
Albany, New York

3