Hawse v. McIntosh et al
| Kevin Hawse |
| D. McIntosh, J. Bombard, Cymbrak and John Doe |
| 9:2022cv01297 |
| December 5, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Mae A D'Agostino |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
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Filing 10
Summons Issued as to J. Bombard, Cymbrak. (nas, )
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Filing 9
Notification to Superintendent of Filing - Provided Superintendent at Five Points Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, )
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Filing 8
DECISION AND ORDER: ORDERED that #6 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that all claims for monetary damages against the defendants in their official capacities are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) as barred by the Eleventh Amendment. ORDERED that the following claims SURVIVE sua sponte review and require a response: (1) plaintiff's First Amendment free exercise claim against defendant Bombard; (2) plaintiff's Eighth Amendment excessive force and failure-to-intervene claims against defendants Bombard, John Doe, and Cymbrak; (3) plaintiff's Eighth Amendment medical indifference claims against defendants Bombard, John Doe, and Cymbrak; and (4) plaintiff's Fourteenth Amendment equal protection claim against defendant Bombard. ORDERED that all remaining claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED that the Clerk shall TERMINATE Superintendent McIntosh as a defendant. ORDERED that the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon defendants Bombard and Cymbrak. The Clerk shall forward a copy of the summons and complaint to the Office of the New York State Attorney General, together with a copy of this Decision and Order, by electronic mail only. ORDERED that a response to the complaint be filed by defendants Bombard andCymbrak, or their counsel, as provided for in the Federal Rules of Civil Procedure. ORDERED that plaintiff take reasonable steps to ascertain the identity of the "Doe" defendant, and when identified, seek to amend the complaint to add this individual as defendant in this action pursuant to Federal Rule of Civil Procedure 15(a). ORDERED that plaintiff's motion for counsel (Dkt. No. #4 ) is DENIED without prejudice. Signed by U.S. District Judge Mae A. D'Agostino on February 2, 2023. {order served via regular mail on plaintiff](nas )
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Filing 7
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by U.S. District Judge Mae A. D'Agostino on January 3, 2023. {text order served via regular mail on plaintiff}(nas )
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Filing 6
MOTION for Leave to Proceed in forma pauperis filed by Kevin Hawse (Attachments: #1 cover letter; envelope)[clerk notes that the account statement was not provided](nas, )
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Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP application is DENIED as incomplete. ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that, if plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, either (1) pay the $402.00 filing fee in full; or (2) submit a completed and signed IFP application. Signed by U.S. District Judge Mae A. D'Agostino on December 6, 2022. {order and blank ifp form served via regular mail on plaintiff}(nas)
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Filing 4
MOTION to Appoint Counsel filed by Kevin Hawse. (Attachments: #1 Exhibit(s)) (nas, )
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Filing 3
INMATE AUTHORIZATION FORM by Kevin Hawse. (nas)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Kevin Hawse(nas )
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Filing 1
COMPLAINT against J. Bombard, Cymbrak, John Doe, D. McIntosh filed by Kevin Hawse. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Civil Cover Sheet, #5 cover letter, #6 envelope)(nas )
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