GREEN v. AVILES et al
| RALEIGH GREEN |
| DIRECTOR OSCAR AVILES, MICHAEL DANTICO and HUDSON COUNTY CORRECTIONAL FACILITY |
| 2:2023cv03111 |
| June 6, 2023 |
| US District Court for the District of New Jersey |
| Michael A Hammer |
| Susan D Wigenton |
| 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 August 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 MOTION to Dismiss by All Defendants. Responses due by 9/5/2023. (Attachments: #1 Brief in support to dismiss complaint, #2 order, #3 Certification Bradley M. Wilson, #4 Exhibit Employee profile)(WILSON, BRADLEY) |
| Set Deadlines as to #5 MOTION to Dismiss . Motion set for 9/5/2023 before Judge Susan D. Wigenton. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm) |
| Filing 4 Mail Returned as Undeliverable. Mail sent to Raleigh Green (sm) |
| Filing 3 SUMMONS ISSUED as to OSCAR AVILES, MICHAEL DANTICO. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (sm) |
| Two copies of each USM-285 Form for Michael Dantico and Oscar Aviles, Summons, Complaint and Order #2 were sent to the U.S. Marshals Office for service. (sm) |
| CERTIFICATE of Clerk that I have received Forms USM-285 for Michael Dantico and Oscar Aviles. (sm) |
| COMPLAINT #1 against OSCAR AVILES, MICHAEL DANTICO, filed by RALEIGH GREEN. IFP Granted.(sm) |
Filing 2
Order granting Plaintiffs application to proceed in forma pauperis under 28 U.S.C. 1915(a) [1-1]; the Complaint #1 shall be filed; that Plaintiff's Fourteenth Amendment Due Process Claim under 42 U.S.C. 1983 may proceed against Director Oscar Aviles and Medical Director Michael Dantico; pursuant to 28 U.S.C. 1915(e)(2)(B), Plaintiff's Fourteenth Amendment Due Process Claim under 42 U.S.C. 1983 against Hudson County Correctional Facility is DISMISSED with prejudice for failure to state a claim; the Clerk shall serve a copy of this Order by regular mail upon the Attorney General of the State of New Jersey and the warden of Hudson County Correctional Facility; the Clerk of the Court shall provide Plaintiff with two copies of the USM-285 form; Plaintiff shall complete the forms and return them to the Clerk of Court, Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, NJ 07101; upon Plaintiffs sending of the completed forms to the Clerk of the Court, the Clerk shall issue summons, and a United States Marshal shall serve a copy of the complaint (ECF No. 1), summons, and this Order upon Defendants pursuant to 28 U.S.C. 1915(d), with all costs of service advanced by the United States; that Defendants shall file and serve a responsive pleading within the time specified in Federal Rule of Civil Procedure 12, pursuant to 42 U.S.C. 1997e(g)(2); the Clerk of the Court shall serve a copy of this Order and the accompanying Memorandum Opinion upon Plaintiff by regular U.S. mail. (n/m) Signed by Judge Susan D. Wigenton on 6/13/2023. (sm) Modified on 6/30/2023 (sm).
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| Filing 1 Complaint Received. (Attachments: #1 Application IFP, #2 Envelope)(sms2) |
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