Jenner, et al v. Annuchi et al
| Donald Jenner, Fermin Pena and Jenner |
| Anthony Annuchi, Dale Artus, K. Colao, T. Griffin, R. Kirkpatrick, Jeff McKoy, Cheryl Morris, Travis Paton, R. Wendland and Annuchi |
| 9:2013cv01238 |
| October 4, 2013 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Ulster |
| Lawrence E Kahn |
| Randolph F Treece |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 14, 2014. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 Summons Issued as to K. Colao, Jeff McKoy, Cheryl Morris, Travis Paton. (copy served on NYS AG with amended complaint and order) (documents provided to USM for service) (alh, ) |
Filing 18
MEMORANDUM-DECISION AND ORDER: ORDERED, that Plaintiffs' IFP Applications (Dkt. Nos. #2 ; #5 ) are GRANTED. ORDERED, that A. Littlejohn's IFP Application (Dkt. No. #15 ) is DENIED. ORDERED, that Plaintiff Jenner's Letter Motion (Dkt. No. #16 ) is DENIED. ORDERED, that Plaintiff's claims that Defendants (1) violated DOCCS directives; and (2) verbally harassed and threatened Plaintiffs, are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED, that Defendants Annuchi; Griffin; Wendland; Kirkpatrick; and Artus are DISMISSED without prejudice as defendants in this action. ORDERED, that upon receipt from Plaintiffs of the documents required for service of process, the Clerk shall issue summonses and forward them, along with copies of the Amended Complaint, to the United States Marshal for service upon remaining Defendants McKoy; Morris; Colao; and Paton. The Clerk shall forward a copy of the Summons and Amended Complaint to the Office of the New York Attorney General, together with a copy of this Memorandum-Decision and Order. ORDERED, that a response to the Amended Complaint be filed by Defendants, or their counsel, as provided for in the Federal Rules of Civil Procedure. ORDERED, that Plaintiffs' Motion (Dkt. No. #11 ) for preliminary injunctive relief is DENIED. ORDERED, that Plaintiffs' Motion (Dkt. No. #12 ) to certify this action as a class action is DENIED without prejudice. Signed by Senior Judge Lawrence E. Kahn on 11/13/14. (served on non-ecf parties by regular mail)(alh, )
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| Provided Superintendent of plaintiffs' current correctional facility with notice of instant action and copies of the inmate authorization forms, copies of the same provided to the Court's Financial Deputy. (alh, ) |
| Filing 17 Letter from Donald Jenner dated 10/26/14. (alh, ) |
| Filing 16 Letter Motion from Donald Jenner requesting to be advised if Alphonso Littljohn is or will be a plaintiff in this action. (alh, ) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis from A. Littlejohn as Class Member.(alh, ) |
| Filing 14 Letter from the Court to Donald Jenner regarding the status of his action. (served on non-ecf parties with updated docket report by regular mail) (alh, ) |
| Filing 13 Letter from Donald Jenner dated 7/2/14 requesting the status of his action. (alh, ) |
| Filing 12 MOTION for Class Certification and MOTION for Preliminary Injunction filed by Donald Jenner. (alh, ) |
| Filing 11 MOTION for Temporary Restraining Order, filed by Donald Jenner. (Attachments: #1 Affidavit of Service and Envelope) (alh, ) |
| Filing 10 AMENDED COMPLAINT against Anthony Annuchi, Dale Artus, K. Colao, T. Griffin, R. Kirkpatrick, Jeff McKoy, Cheryl Morris, R. Wendland, Travis Paton filed by Fermin Pena, Donald Jenner. (Attachments: #1 Affidavit of Service and Envelope)(alh, ) |
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Filing 9
TEXT ORDER: Plaintiffs Donald Jenner and Fermin Pena filed this action pro se in October, 2013. Dkt. No. 1. Their original complaint is pending review by the Court pursuant to 28 U.S.C. 1915(e) and 28 U.S.C. 1915A. Plaintiff Jenner has indicated that he intends to file an amended complaint. Dkt. No. #7 , #8 . Plaintiffs are advised that a complete amended complaint submitted on or before May 23, 2014, will be considered the operative pleading and will be reviewed by the Court pursuant to 28 U.S.C. 1915(e) and 28 U.S.C. 1915A. If plaintiffs have not submitted an amended complaint by that date, the original pleading will be reviewed. Plaintiffs are advised that any amended complaint must be a complete pleading and which sets forth all of the claims plaintiffs seek to assert in this action against the persons named as defendants, and must bear their original signatures. Plaintiffs are further advised that the docket in this action does not include a motion from them seeking a temporary restraining order or other injunctive relief. The Clerk is directed to send plaintiffs a copy of the current docket sheet. Authorized by Magistrate Judge Randolph F. Treece on 4/22/14. (served on plaintiffs with updated docket report by regular mail) (alh, )
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| Filing 8 Letter requesting the status of #7 Letter Motion requesting direction on amending his complaint and status of TRO, by Donald Jenner. (alh, ) |
| Filing 7 Letter Motion from Donald Jenner requesting direction on amending his complaint and status of TRO. (alh, ) |
| Filing 6 INMATE AUTHORIZATION FORM by Fermin Pena. (alh, ) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Fermin Pena.(alh, ) |
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Filing 4
ORDER DIRECTING COMPLIANCE as to Fermin Pena: In order for this action to proceed, you MUST WITHIN 30 DAYS either (1) pay the full $400.00 OR (2) submit a completed and signed in forma pauperis application that has been certified by an appropriate official at your facility, together with a signed inmate authorization form reflecting your consent to pay the $350.00 filing fee over time. WARNING: Your failure to comply with the filing fee requirements will result in the dismissal of this action without prejudice, without further Order of the Court. Notice of Compliance Deadline 11/4/2013 Case Review Deadline 12/4/2013. Signed by Senior Judge Lawrence E. Kahn on 10/4/13. (served on plaintiff Pena by regular mail)(alh, )
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| Filing 3 INMATE AUTHORIZATION FORM by Donald Jenner. (alh, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Donald Jenner. (alh, ) |
| Filing 1 COMPLAINT against Anthony Annuchi, Dale Artus, K. Colao, T. Griffin, R. Kirkpatrick, Jeff McKoy, Cheryl Morris, R. Wendland filed by Fermin Pena, Donald Jenner.(alh, ) |
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