Boria v. Hicks et al
| Jose Boria |
| Nathanael C. Happerman, The People of the State of New York, Nicholas W. Hicks, Erie County and Nathanael C. Kapperman |
| 5:2017cv00486 |
| May 3, 2017 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Livingston |
| Therese Wiley Dancks |
| Thomas J McAvoy |
| 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 15, 2017. A more recent docket listing may be available from PACER.
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Filing 11
Acknowledgment of Receipt of #10 Judgment by Shannon Coveny at Livingston Correctional Facility. (jel, )
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Filing 10
FINAL JUDGMENT dismissing Plaintiff's complaint entered 9/11/2017 (cml) [ CRD traditionally served via regular & certified mail [ USPS 7016 2140 0000 0974 3427 ] upon non-NEF pltf @ NYSDOC Livingston Correctional facility ]
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Filing 9
DECISION and ORDER adopting Report and Recommendations re #6 Report and Recommendations. ORDERED that Plaintiffs complaint (Dkt. No. 1) is DISMISSED on initial review under 28 U.S.C. 1915(e)(2)(B)(ii) and 1915A; and it is further ORDERED that Plaintiffs 1983 claim against Defendant Hicks for ineffective assistance of counsel, which would otherwise be subject to dismissal without prejudice under Heck v. Humphrey, 512 U.S. 477 (1994), is DISMISSED WITH PREJUDICE on the grounds that Hicks was not acting under color of state law as Plaintiffs court-appointed counsel; and it is further ORDERED that Plaintiffs 1983 conspiracy claim against Defendant Hicks is DISMISSED WITHOUT PREJUDICE on the grounds that it is presently barred under Heck; and it is further ORDERED that Plaintiffs 1983 conspiracy claim against Defendant Kapperman, which would otherwise be subject to dismissal without prejudice under Heck, is DISMISSED WITH PREJUDICE on prosecutorial immunity grounds; and it is further ORDERED that Plaintiffs 1983 claim against The People of the State of New York for failure to provide legal assistance and an interpreter, which would otherwise be subject to dismissal without prejudice under Heck, is DISMISSED WITH PREJUDICE on the grounds that it is barred under the Eleventh Amendment; and it is further ORDERED that Plaintiffs 1983 claim against Erie County is DISMISSED WITHOUT PREJUDICE and with leave to amend for failure to state a claim. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on July 12, 2017. (Copy served via regular and certified mail) (khr)
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Filing 8
TEXT ORDER re: Plaintiff's #7 Letter Request: Court has reviewed Plaintiff's letter motion (Dkt. No. #7 ) requesting information about the status of his claims. Court has recently issued a Report-Recommendation which crossed in the mail with Dkt. No. #7 . Plaintiff should receive a copy of the Report-Recommendation in the mail, and should follow the instructions contained therein for filing objections, if any. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/15/2017. (A copy of this Text Order has been served on pro se party(ies) via regular mail.) (sg)
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Filing 7
Letter Request/Motion from Jose Boria requesting status on case. (khr) Mailed copy of Order and R&R to pro se plaintiff on 6/14/2017.
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Filing 6
ORDER AND REPORT-RECOMMENDATION re #3 MOTION for Leave to Proceed in forma pauperis filed by Jose Boria.ORDERED that Plaintiffs IFP Application (Dkt. No. 3) is GRANTED; and it is hereby RECOMMENDED that Plaintiffs complaint (Dkt. No. 1) be DISMISSED on initial review under 28 U.S.C. 1915(e)(2)(B)(ii) and 1915A; and it is further RECOMMENDED that Plaintiffs 1983 claim against Defendant Hicks for ineffective assistance of counsel, which would otherwise be subject to dismissal without prejudice under Heck, be DISMISSED WITH PREJUDICE on the grounds that Hicks was not acting under color of state law as Plaintiffs court-appointed counsel; and it is further RECOMMENDED that Plaintiffs 1983 conspiracy claim against Defendant Hicks, be DISMISSED WITHOUT PREJUDICE on the grounds that it is presently barred under Heck; and it is further RECOMMENDED that Plaintiffs 1983 conspiracy claim against Defendant Kapperman, which would otherwise be subject to dismissal without prejudice under Heck, be DISMISSED WITH PREJUDICE on prosecutorial immunity grounds; and it is further RECOMMENDED that Plaintiffs 1983 claim against The People of the State of New York for failure to provide legal assistance and an interpreter, which would otherwise be subject to dismissal without prejudice under Heck, be DISMISSED WITH PREJUDICE on the grounds that it is barred under the Eleventh Amendment; and it is further RECOMMENDED that Plaintiffs 1983 claim against Erie County be DISMISSED WITHOUT PREJUDICE and with leave to amend for failure to state a claim. Objections to R&R due by 7/3/2017 Case Review Deadline 7/5/2017. Signed by Magistrate Judge Therese Wiley Dancks on June 14, 2017. (Copy served via regular) (khr)
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Filing 5
PRO SE NOTICE executed and returned by Jose Boria re #4 Pro Se Handbook and Notice Issued. (khr)
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Filing 4
PRO SE HANDBOOK and NOTICE issued on 5/10/2017. Provided copy of the Notice for pro se plaintiff to sign and return a copy. Also provided copy of Pro Se Handbook, Local Rules, County Lawyer Referral Guide on 5/10/2017 via regular mail. (khr)
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CLERK'S CORRECTION OF DOCKET ENTRY re #3 Motion for Leave to Proceed in forma pauperis. The original IFP was not included in Dkt. #3 also added the mailing envelope as an attachment. (khr)
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Filing 3
MOTION for Leave to Proceed in forma pauperis filed by Jose Boria. Motions referred to Therese Wiley Dancks. (khr) (Main Document 3 replaced on 5/4/2017) (khr, ). (Additional attachment(s) added on 5/4/2017: #1 Mailing Envelope) (khr, ).
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Filing 2
INMATE AUTHORIZATION FORM by Jose Boria. (khr)
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Filing 1
COMPLAINT WITH JURY DEMAND against Erie County Holding Center, Nicholas W. Hicks, Happerman C. Nathanael, The People of the State of New York filed by Jose Boria. (Attachments: #1 Cover Letter, #2 Mailing Envelope)(khr)
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