Shepherd v. Wenderlich

Full title: EON SHEPHERD, Plaintiff, v. CAPTAIN WENDERLICH; DEPUTY WEST; SERGEANT…

Court: United States District Court, N.D. New York

Date published: Sep 10, 2010

9:04-CV-655 (N.D.N.Y. Sep. 10, 2010)

Opinion

9:04-CV-655.

September 10, 2010

EON SHEPHERD, Plaintiff, Pro Se, 96-A-0356, Five Points Correctional Facility, Romulus, NY.

DAFNI S. KIRITSIS, ESQ., GREEN SEIFTER, PLLC, Attorneys for Plaintiff (Trial Counsel), Syracuse, New York.

HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants, Department of Law, HEATHER R. RUBINSTEIN, ESQ., Asst. Attorney General, The Capitol, Albany, New York.

ORDER

DAVID HURD, District Judge

The defendants' sur-reply (Docket No. 188) was stricken (Docket No. 190).

However, 42 U.S.C. § 1997e(d) must be considered in ruling on plaintiff's motion for attorney's fees based upon a One Dollar ($1.00) money judgment.

Therefore, plaintiff may file a letter memorandum on or before September 17, 2010, addressing that issue

IT IS SO ORDERED.

Dated: September 9, 2010 Utica, New York.