Guilbert v. Sennet et al

Filing 61

FINAL SCHEDULING ORDER on 49 Defendants' Motion for Summary Judgment. Plaintiff's Responses is due 4/27/2009. Signed by William M. Skretny U.S.D.J. on 4/13/2009. (MEAL)

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK EMILIO GUILBERT, Plaintiff, v. CORRECTIONS OFFICER JAMES SENNET & SERGEANT D. BORAWSKI, Defendants. DECISION AND ORDER 05-CV-153S

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Plaintiff commenced this action by filing a Complaint in the United States

District Court for the Western District of New York on March 8, 2005. (Pl. Compl., Docket No. 1.) In the Complaint, Plaintiff alleged that Defendants violated his Eighth and Fourteenth Amendment rights. Id. On October 25, 2005, Plaintiff's Complaint was

dismissed in its entirety. (Docket No. 10.) But after an appeal by Plaintiff, his Eighth Amendment claim was reinstated by the United States Court of Appeals for the Second Circuit. (Docket No. 16.) 2. On January 27, 2009, Defendants filed a Motion for Summary Judgment.

(Docket No. 49.) This Court directed Plaintiff to file a response by March 4, 2009. (Docket No. 55.) However, Plaintiff did not file a response by March 4, 2009. 3. On March 30, 2009, this Court denied Plaintiff's fourth Motion to Appoint

Counsel. (Docket No. 60.)1 In the Decision and Order, this Court again directed Plaintiff to file a response to Defendants' Motion for Summary Judgment, and set a deadline of

A ll of Plaintiff's Motions to Appoint Counsel have been denied without prejudice. (Docket Nos. 7, 2 6 , 57, & 60.)

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April 10, 2009.

Id.

This Court also warned Plaintiff that the failure to respond to

Defendants' motion could result in the motion being granted as unopposed. Id. 4. Despite this Court's Order, Plaintiff did not file a response by April 10, 2009,

and to date, Plaintiff has not filed a response.

IT HEREBY IS ORDERED, that Plaintiff shall file a response to Defendants' Motion for Summary Judgment by April 27, 2009. FURTHER, that Plaintiff is WARNED that failure to respond to Defendants' Motion for Summary Judgment will result in the motion being granted as unopposed. This is Plaintiff's final warning. SO ORDERED. Dated: April 13, 2009 Buffalo, New York /s/William M. Skretny WILLIAM M. SKRETNY United States District Judge

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