Mitchell v. Annucci et al
| Dontie S. Mitchell |
| Anthony J. Annucci and John or Jane Doe |
| 1:2022cv00613 |
| June 9, 2022 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Daniel J Stewart |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 14 TEXT ORDER: Upon review, plaintiff's #13 motion is Denied. The Court notes that this matter has already been referred to U.S. Magistrate Judge Daniel J. Stewart for review and consideration. All pursuant to the Verbal Order of the Honorable U.S. District Court Judge David N. Hurd on 08/03/2022. (Copy served upon pro se plaintiff Dontie S. Mitchell at 69 Second Avenue, 2nd Floor, Albany, NY 12202 via regular mail on 8/3/2022.)(hmr) |
| Filing 13 MOTION for Order to Show Cause and Temporary Restraining Order by Dontie S. Mitchell.(map) |
| Filing 12 SECOND AMENDED COMPLAINT against Anthony J. Annucci, John or Jane Doe filed by Dontie S. Mitchell. (Attachments: #1 Affidavit of Service)(map) |
Filing 11
ORDER ON REPORT & RECOMMENDATION: It is ORDERED that the #8 Report & Recommendation is ACCEPTED; Plaintiff's complaint is DISMISSED; and Plaintiff's #10 amended complaint is REFERRED to Judge Stewart for an initial review. IT IS SO ORDERED. Signed by U.S. District Judge David N. Hurd on 7/13/2022. (Copy served via regular mail on Pro Se Plaintiff Dontie S. Mitchell)(map)
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| Filing 10 AMENDED COMPLAINT WITH JURY DEMAND against Anthony J. Annucci, John or Jane Doe filed by Dontie S. Mitchell. (Attachments: #1 Declaration of Dontie S. Mitchell, #2 Affidavit of Service)(map) |
| Filing 9 OBJECTION to the #8 Report and Recommendations filed by Dontie S. Mitchell. (map) |
| Filing 8 REPORT-RECOMMENDATION & ORDER: ACCORDINGLY, it is hereby RECOMMENDED, that Plaintiff's #1 Complaint be DISMISSED without prejudice; and it is ORDERED, that Plaintiff's #3 Motion for ECF Access be DENIED; and it is further ORDERED, that the Clerk of the Court serve a copy of this Report-Recommendation and Order upon the parties to this action. Pursuant to 28 U.S.C. 636(b)(1), the parties have fourteen (14) days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN (14) DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993) (citing Small v. Sec'y of Health and Human Servs., 892 F.2d 15 (2d Cir. 1989)); see also 28 U.S.C. 636(b)(1); FED. R. CIV. P. 72 & 6(a). (Objections to R&R due by 7/8/2022, Case Review Deadline 7/11/2022). Signed by U.S. Magistrate Judge Daniel J. Stewart on 6/24/2022. (Copy served on Pro Se Plaintiff Dontie S. Mitchell via regular mail on 6/24/2022)(map) |
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Filing 7
ORDER: The #2 Motion for Leave to Proceed In Forma Pauperis is hereby GRANTED. Signed by U.S. Magistrate Judge Daniel J. Stewart on 6/24/2022. (Copy served via regular mail on Pro Se Plaintiff Dontie S. Mitchell on 6/24/2022)(map)
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| Filing 6 TEXT ORDER denying Dkt. No #4 MOTION for Temporary Restraining Order; that this case to be referred to U.S. Magistrate Judge Daniel J. Stewart's chambers for an initial review and for consideration of Dkt. No. #2 Motion for Leave to Proceed in forma pauperis and Dkt. No. #3 Pro Se Motion to Obtain ECF Login and Password. All pursuant to the Verbal Order of the Honorable U.S. District Court Judge David N. Hurd on 06/10/2022. (Copy served upon Dontie S. Mitchell via regular mail on 6/10/2022.)(hmr) |
| Filing 5 PRO SE HANDBOOK, LOCAL RULES and PRO SE NOTICE issued and explained to Dontie S. Mitchell at time complaint was filed. (map) |
| Filing 4 MOTION for Temporary Restraining Order filed by Pro Se Plaintiff Dontie S. Mitchell. (Attachments: #1 Declaration in Support of Motion for Temporary Restraining Order, #2 Proposed Order to Show Cause and Temporary Restraining Order)(map) |
| Filing 3 Pro Se MOTION to Obtain ECF Login and Password filed by Dontie S. Mitchell. Motions referred to U.S. Magistrate Judge Daniel J. Stewart. (Attachments: #1 Pro Se CM/ECF Registration Form) (map) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Dontie S. Mitchell. (Attachments: #1 Proposed Summons: Anthony J. Annucci) Motions referred to Daniel J. Stewart. (map) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Anthony J. Annucci, John or Jane Doe filed by Dontie S. Mitchell. (Attachments: #1 Civil Cover Sheet, #2 Certificate of Service)(map) |
| TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (map) |
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