Marino v. Watts, et al., #12-cv-801-NAM/RF

 

Background Filed May 15, 2012 :

Vincent Michael Marino Bivens Civil Action #12-cv-470 (Washington, D.C.2012); 14431-038 FCI McDowell P.O. Box 1009 Welch, West Virginia 24801 Plaintiff, ? ($16 Million Dollar Bivens Civil Action Lawsuit in the defendants individual capacities)Synopsis of civil action: Defendants: Diesel Therapy Program? 8 Months; Defendants: Custody and Security Point Manipulation from 11-24; Defendants.

  •  Diesel therapy: (“Diesel therapy”) consists of being put on diesel buses or airplanes and being transported from prison to prison for weeks and months at a time. Even though it is inhuman and illegal it is alive and well within the government agencies, such as US Marshall Service, Bureau of Prisons. Vincent Marino Suffered (8 Month) Diesel therapy Program.
  • Filed false Incident Report; Defendants: Confiscation of 600 books of U.S.
  • Postage Stamps purchased at Commissary within 13 years;
  •  Defendants: Unlawfully taken 36 days earned good time jail credits; Defendants:
  • Intentional core retaliation? against Plaintiff for exercising his due process;
  • Defendants: Planting gambling slips in Plaintiff’s Locker on video tape;
  • Defendants: 8th Amendment’s violations cruel and unusual punishment;
  • Defendants: Violations of the 1st Amendment’s Freedom of Speech; Defendants:
  • Violations of the 5th and 6th Amendment’s  Due Process Clauses; Defendants:
  • Criminal Cover ups in violations of 18 U.S.C. Section 241 and 242; Defendants:Obstruction.

 

Still alive May 6 , 2014:

Marino v. Watts , et al., #12-cv-801-NAM/RFT.Northern District of New York/Syracuse, STILL ALIVE after a Magistrate Judge tried desperately to thorough it out with prejudice.Vincent  Marino was allowed to amend it, Magistrate Judge’s argument was deemed the the District Court Judge as meritless.
The  District Court Judge OVER-RULED the Magistrate Judge’s decision and Defendants/ Department of Justice‘s Motions to dismiss Vincent  Marino‘s Civil Action against the Defendants ruling that Res Judicata is WITHOUT MERIT.In Sum, the Defendants/ Department of Justice and Magistrate Judge’s Res Judicata Motions, stating in relevant part that Because Marino filed a 28 U.S.C. Section 2241 Writ of Habeas Corpus Motion in Louisiana, that Double Jeopardy invokes.
Marino argues that both the 2241 and Bivens Civil Actions are totally two different animals/vehicles and asking for two different things.The 2241 is ONLY asking for the 36 days jail credits.The Bivens civil action is against the Department of Justice employees in their individual capacities for monetary (Money) damages for constitutional violations etc.The District Court Judge whom is over the Magistrate Judge allowed the Magistrate Judge’s Report and Recommendation in so far as its background and procedure of the case, otherwise finds its report WITHOUT MERIT.
The District Court judge also ALLOWED Marino to amend and correct any deficiencies in the Civil Action via: Re Do It again precluding the weak points and strengthening its over all pleadings.Then thereafter it would be again submitted to the Magistrate Judge for review and Another Report and Recommendation to the District Court.If  Marino is successful in passing this next stage, the case may proceed forward into DISCOVERY and then eventually TRIAL.At that point in time the Defendants may also request a prompt diligent out of court settlement via: Monetary Sanctions, and potential prison time cuts which is allowed under Fed. R.Civ.P Rule 26(f), which calls for a prompt diligent out of court settlement.

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Enlighten Yourself… “Where the willingness is great, the difficulties cannot be great. ” ~Niccolò Machiavelli, The Prince

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