U.S. District Court, Northern District of New York Case Summaries:

Daily Record (Rochester, NY), Sep 24, 2008

U.S. District Court, Northern District of New York

Prisoner Civil Rights

Flemming v. Goord

06-CV-562

Judge Mordue

Background: The plaintiff is an inmate and brought a [section]1983 civil rights action alleging various corrections employees violated his constitutional rights under the First, Fourth and 14th Amendments. Fleming contends the defendants unlawfully searched his cell, confiscated or failed to protect his personal property and legal mail properly, damaged a court transcript, denied him due process by failing to investigate and litigate his grievances and confining him in the Special Housing Unit. The plaintiff moved for summary judgment.

Ruling: The court notes the plaintiff's submissions are nearly illegible and it not the first time he "has been warned about filing illegible papers," citing previous Northern District of New York and Eastern District of New York decisions. The motion is denied. Adequate time for discovery was not given before the plaintiff's motion was filed. The defendants effectively were given only nine days to conduct all relevant discovery on Fleming's multiple claims.

Woodrow Flemming, pro se, and David L. Cochran, New York State Attorney General's Office, for the defendants.