Burrell v. Oneida County et al
| Ako K. Burrell |
| SM Dental, Anthony Picente, Peter Rayhill, Shelley Nowak, Correctional Medical Care, Gabrielle Liddy, Global Telecommunication Link Incorporated Oneida County Phone Service Provider, John Doe, Medical P.C., Mello Testa, Lisa Negal, Gregory Pfliger, CBM Medical, Carpio, Robert Swenszkowski, Sunday, Dental P.C., Trinity Food Service Group Incorporated, Oneida County and Robert Maciol |
| 9:2019cv01629 |
| December 30, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Thomas J McAvoy |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 5
Summons Issued as to Trinity Food Service Group Incorporated. [Copies also served on the County Attorney for Oneida County per the #4 Decision and Order.] (meb)
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Filing 4
DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP application (Dkt. No. #2 ) is GRANTED. The Clerk shall provide the superintendent of the prison facility in which plaintiff is currently confined with a copy of plaintiff's inmate authorization form (Dkt. No. #3 ), and notify the official that this action has been filed and that plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED that the Clerk shall provide a copy of plaintiff's inmate authorization form (Dkt. No. #3 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED that plaintiff's complaint (Dkt. No. #1 ) is ACCEPTED for filing; and it is further ORDERED that only plaintiff's Fourteenth Amendment conditions of confinement claims asserted against defendants John Doe and Trinity arising from allegations that plaintiff was served a calorically deficient diet during his one-year confinement in Oneida County Jail SURVIVE initial review and require a response; and it is further ORDERED that, except as to the foregoing, the remaining causes of action asserted in the complaint are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b)(1); and it is further ORDERED that the Clerk of the Court shall TERMINATE from the docket the defendants listed herein; and it is further ORDERED that plaintiff shall take reasonable steps through discovery to ascertain the identity of defendant John Doe. Plaintiff's failure to timely serve that defendant will result in dismissal of the claims asserted against him and termination of that defendant from the action; and it is further ORDERED that the Clerk shall issue a summons and forward it, along with a copy of the complaint (and exhibits), to the United States Marshal for service upon defendant Trinity. The Clerk shall forward a copy of the summons and complaint by mail to the County Attorney for Oneida County, together with a copy of this Decision and Order; and it is further ORDERED that a response to the complaint shall be filed by defendant Trinity or its counsel as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Thomas J. McAvoy on 2/25/2020. (Copy served via regular mail)(meb)
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Notification to Superintendent of Filing - Provided Superintendent at Attica Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb)
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Filing 3
INMATE AUTHORIZATION FORM filed by Ako K. Burrell. (meb)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Ako K. Burrell.(meb)
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Filing 1
COMPLAINT WITH JURY DEMAND against CBM Medical, Carpio, Correctional Medical Care, Dental P.C., John Doe, Global Telecommunication Link Incorporated Oneida County Phone Service Provider, Gabrielle Liddy, Robert Maciol, Medical P.C., Lisa Negal, Shelley Nowak, Oneida County, Gregory Pfliger, Anthony Picente, Peter Rayhill, SM Dental, Sunday, Robert Swenszkowski, Mello Testa, Trinity Food Service Group Incorporated filed by Ako K. Burrell. (Attachments: #1 Exhibits, #2 Mailing envelope)(meb)
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