Albritton v. Fredella et al
| Jemal Albritton |
| Lawrence Fredella, Tina M. Stanford, Tyece Drake, Charles Davis, Tana Agostini, Ellen E. Alexander, Erik Berliner, Mary Grace Sullivan, John Doe #1 and Jane Doe #1 |
| 1:2022cv00900 |
| August 30, 2022 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Daniel J Stewart |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 24, 2023. A more recent docket listing may be available from PACER.
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Filing 14
REPORT AND RECOMMENDATIONS re Dkt. #2 Complaint; it is hereby RECOMMENDED, that Plaintiffs Complaint be DISMISSED with prejudice; and it is 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)2 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. Objections to R&R due by 10/21/2022 Case Review Deadline 10/24/2022. Signed by Magistrate Judge Daniel J. Stewart on October 7, 2022. (Copy served via regular mail)(gmd)
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Filing 13
TEXT ORDER: The complaint in this action was received for filing from the Southern District of New York on August 30, 2022. Upon review, it appears that although plaintiff is incarcerated, his claims do not relate to his prison conditions. Accordingly, the Clerk of the Court shall revise the designation of this action to reflect a "division one" designation rather than a "division nine" designation and randomly reassign the action. See N.D.N.Y. General Order 12, Section D.1.C. and D. Authorized by Chief Judge Brenda K. Sannes on 9/20/2022. (Copy served via regular mail)(meb)
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| U.S. District Judge Mae A. D'Agostino and Magistrate Judge Daniel J. Stewart added. Magistrate Judge Therese Wiley Dancks and Judge David N. Hurd no longer assigned to case. (nas, ) |
| Filing 12 Case transferred in from District of New York Southern; Case Number 1:22-cv-04512. electronically transferred when case opened |
| Pro Se Payment of Fee Processed: $350.00 Check processed by the Finance Department on 08/29/2022, Receipt Number 5011. (ps) [Transferred from New York Southern on 8/30/2022.] |
| MAILING RECEIPT: Document No: 10. Mailed to: Jemal Albritton 06-A-5348 Woodbourne Corr. Facility 99 Prison Road P.O. Box 1000 Woodbourne, NY 12788-1000. (kh) [Transferred from New York Southern on 8/30/2022.] |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Mary Grace Sullivan, Jane Doe #1 and John Doe #1 only, from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York.(rdz) [Transferred from New York Southern on 8/30/2022.] |
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Filing 10
ORDER: The Court severs, under Rule 21 of the Federal Rules of Civil Procedure, Plaintiff's claims against Defendants Sullivan and the Jane and John Doe defendants. The Clerk of Court is directed to transfer the severed claims, under 28 U.S.C. 1404(a), to the United States District Court for the Northern District of New York. Plaintiffs claims against the remaining defendants in connection with the denial of parole will proceed under this docket number. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/22/22) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 8/30/2022.]
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| Mailed a copy of #9 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Woodbourne Corr. Facility at 99 Prison Road P.O. Box 1000 Woodbourne, NY 12788-1000. (dsh) [Transferred from New York Southern on 8/30/2022.] |
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Filing 9
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Laura Taylor Swain on 8/12/2022) (vn) [Transferred from New York Southern on 8/30/2022.]
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| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Jemal Albritton 06-A-5348 Woodbourne Corr. Facility 99 Prison Road P.O. Box 1000 Woodbourne, NY 12788-1000 on 8/11/2022. (aan) [Transferred from New York Southern on 8/30/2022.] |
| Filing 8 LETTER addressed to Judge Laura Taylor Swain from J. Albritton, dated 8/7/22 re: To date, I have not heard from the Court; and I am writing to inquire as a follow-up on the Prisoner Authorization and would like to know what the status of the action is. Document filed by Jemal Albritton.(sc) Modified on 8/11/2022 (sc). [Transferred from New York Southern on 8/30/2022.] |
| Request for Copy of the updated Docket Sheet Received: Re #8 Letter,. Request for Docket Report, from J. Albritton received on 8/10/22. Transmission to Pro Se Assistants for processing. (sc) [Transferred from New York Southern on 8/30/2022.] |
| Filing 7 PRISONER AUTHORIZATION. Document filed by Jemal Albritton.(sc) [Transferred from New York Southern on 8/30/2022.] |
| MAILING RECEIPT: Document No: 6. Mailed to: Jemal Albritton 06-A-5348 Woodbourne Corr. Facility 99 Prison Road P.O. Box 1000 Woodbourne, NY 12788-1000. (dsh) [Transferred from New York Southern on 8/30/2022.] |
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Filing 6
ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Unit within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Prisoner Authorization Form due by 7/8/2022. (Signed by Chief Judge Laura Taylor Swain on 6/8/2022) (Attachments: #1 Prisoner Authorization) (ees) [Transferred from New York Southern on 8/30/2022.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea) [Transferred from New York Southern on 8/30/2022.] |
| Filing 5 PRISONER AUTHORIZATION. Document filed by Jemal Albritton..(rdz) [Transferred from New York Southern on 8/30/2022.] |
| Filing 4 DECLARATION in Support re: #3 MOTION for Preliminary Injunction.. Document filed by Jemal Albritton..(rdz) [Transferred from New York Southern on 8/30/2022.] |
| Filing 3 MOTION for Preliminary Injunction and for a Temporary Restraining Order Pursuant to Fed. R. Civ. P. 65. Document filed by Jemal Albritton..(rdz) Modified on 6/2/2022 (rdz). (Main Document 3 replaced on 6/8/2022) (rdz).[Transferred from New York Southern on 8/30/2022.] Modified on 10/5/2022 (ban). Modified on 10/5/2022 (ban, ). |
| Filing 2 COMPLAINT against Tana Agostini, Ellen E. Alexander, Erik Berliner, Charles Davis, Tyece Drake, Lawrence Fredella, Jane Doe #1, John Doe #1, Tina M. Stanford, Mary Grace Sullivan. Document filed by Jemal Albritton. (Attachments: #1 Exhibit Exhibit, #2 Exhibit Exhibit).(rdz) [Transferred from New York Southern on 8/30/2022.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jemal Albritton..(rdz) [Transferred from New York Southern on 8/30/2022.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 8/30/2022.] |
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