Spencer v. Schenectady County Police Department et al
| Lee Spencer |
| John Doe 2, Schenectady County Police Department, John Doe 1, Schenectady County, Schenectady Correctional Facility, Schenectady Police Department and Nurse Barrett |
| 6:2020cv01316 |
| October 23, 2020 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Glenn T Suddaby |
| P.I.: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 INMATE AUTHORIZATION FORM by Lee Spencer. (jel, ) |
| Filing 14 MOTION for Leave to Proceed in forma pauperis filed by Lee Spencer. Motions referred to Therese Wiley Dancks. (jel, ) |
| Filing 13 SECOND AMENDED COMPLAINT against John Doe 1, Nurse Barrett, Schenectady County filed by Lee Spencer. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Blank, #3 USM 285 Form for John Doe, #4 USM 285 Form for Carl G. Falotico, #5 USM 285 Form for Nurse Barrett, #6 Envelope)(jel, ) |
| Filing 12 OBJECTION (Letters regarding counsel) to #10 Report and Recommendations by Lee Spencer. (Attachments: #1 Envelope)(jel, ) |
| Filing 11 Submission from Spencer of communication from the Legal Project regarding his attempts to seek counsel. (nas, ) |
Filing 10
ORDER and REPORT AND RECOMMENDATIONS: It is hereby ORDERED that Plaintiff's #2 and #4 IFP Applications are GRANTED; and it is further RECOMMENDED that the Clerk provide the superintendent of the facility designated by Plaintiff as his current location with a copy of Plaintiff's #4 Inmate Authorization, and notify the official that this action has been filed and that Plaintiff is required to pay to the Northern District of New York the statutory filing fee of $350, over time, pursuant to 28 U.S.C. 1915; and it is further RECOMMENDED that the Clerk provide a copy of Plaintiff's #4 Inmate Authorization to the Financial Deputy of the Clerks Office; and it is further ORDERED that the Clerk is directed to AMEND the docket such that Defendant Schenectady County Police Department is changed to Defendant Schenectady Police Department; and it is further ORDERED that the Clerk is directed to ADD Schenectady County Correctional Facility as a Defendant; and it is further RECOMMENDED that the Plaintiff's Fourth Amendment excessive force and failure to intervene claims against Defendants John Doe 1 and John Doe 2 SURVIVE the initial review and require a response; and is further RECOMMENDED that Plaintiff's claims against Defendant Schenectady Police Department be DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 28 U.S.C. 1915A(b)(1); and it is further RECOMMENDED that Plaintiff's claims against Defendant Schenectady County Correctional Facility be DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 28 U.S.C. 1915A(b)(1); and it is further RECOMMENDED that Plaintiff be granted leave to replead consistent with the foregoing; and it is further RECOMMENDED that the Clerk ADD the City of Schenectady Chief of Police, Eric Clifford, as a Defendant FOR PURPOSES OF SERVICE AND DISCOVERY ONLY; and it is further ORDERED that Plaintiff's #8 letter motion for appointment of pro bono counsel is DENIED WITHOUT PREJUDICE AND WITH LEAVE TO RENEW; and it is further ORDERED that the Clerk provide Plaintiff with a copy of this Order and Report-Recommendation, along with a copy of the unpublished decision cited herein in accordance with the Second Circuit decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). Signed by Magistrate Judge Therese Wiley Dancks on 11/30/2020. :( Objections to R&R due by 12/14/2020, Case Review Deadline 12/17/2020) {Copy served upon pro se plaintiff via regular mail}(pjh)
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| Filing 9 AMENDED COMPLAINT filed by Lee Spencer.(nas, ) |
| Filing 8 Letter dated 11/4/2020 from Spencer addressed to the pro se assistance program for assistance. (nas, ) Modified on 11/25/2020 (nas, ). |
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Filing 7
TEXT ORDER: Court has reviewed plaintiff's letter motion (Dkt. No. 6) from plaintiff which the Court construes as a request for a status of plaintiff's complaint. The Court's file has been reopened. However, because plaintiff seeks to proceed in forma pauperis and he is a prisoner seeking redress from a governmental entity, the complaint is being reviewed by the Court for sufficiency pursuant to 28 U.S.C. Sections 1915 and 1915A. The Court will issue its determination in due course and Plaintiff will receive decision when it is issued. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/10/2020. (A copy of this Text Order has been served on pro se party(ies) via regular mail.) (sg )
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| Filing 6 Letter Motion from Lee Spencer requesting the court to confirm that his claim will commence when the court receives all his correct paperwork. Plaintiff advises that all his paper work will be in order by November 26, 2020. (jel, ) Modified on 12/10/2020 to correct the file date (pjh, ). |
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Filing 5
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. Signed by Magistrate Judge Therese Wiley Dancks on 10/28/2020. (Copy served via regular mail)(jel, )
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| Filing 4 INMATE AUTHORIZATION FORM/Motion for IFP along with signature page for IFP application by Lee Spencer. (jel, ) Modified on 11/2/2020 (jel, ). Modified on 11/17/2020 (sg, ). |
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Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Plaintiff's IFP application is DENIED as incomplete. Because this action was not properly commenced, the Clerk is directed to administratively close this action. If plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, (1) either (a) pay the $400.00 filing fee in full, or (b) submit a completed and signed IFP application; AND(2) submit a completed and signed inmate authorization form. Upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review. In accordance with the Rule 10.1(c)(2) of the Court's Local Rules, plaintiff shall promptly notify the Clerk's Office and all parties or their counsel, in writing, of any change in his address. Plaintiff's failure to do so may result in the dismissal of this action. Signed by Chief Judge Glenn T. Suddaby on 10/26/2020. (Copy served upon Plaintiff with blank IFP and inmate authorization forms via regular mail) (sal )
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Lee Spencer. (Attachments: #1 Prisoner account statement, #2 Proposed Summons)(meb) |
| Filing 1 COMPLAINT against John Doe 1, John Doe 2, Schenectady County Police Department filed by Lee Spencer. (Attachments: #1 Civil Cover Sheet, #2 Mailing envelope)(meb) |
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