Walker v. Bellnier et al

Plaintiff: Tyrone Walker
Defendant: Joseph Bellnier, Donald Uhler, Paul P. Woodruff, Joanne Fitchette and Melissa A. Cook
Case Number: 9:2017cv01008
Filed: September 11, 2017
Court: New York Northern District Court
Office: Prisoner Office
County: Franklin
Referring Judge: Christian F. Hummel
Presiding Judge: Glenn T. Suddaby
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

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Date Filed#Document Text
January 10, 2018 9 Opinion or Order of the Court DECISION AND ORDER: ORDERED that the Amended Complaint (Dkt. No. 8 ) is accepted for filing and is deemed the operative pleading. ORDERED that the following claims are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 191 5A(b) for failure to state a claim upon which relief may be granted: (1) Plaintiff's § 1983 claims for monetary damages against defendants in their official capacity; (2) Fourteenth Amendment Due Process claims based upon Plaintiff's Initial Placement in Administrative Segregation; (3) Fourteenth Amendment Equal Protection claims; and (4) claims based upon the violation of DOCCS' directives. ORDERED that Plaintiff's Fourteenth Amendment Due Process claims related to his continued confinement in Administrative Segregation and post-hearing reviews survive the Court's sua sponte review under 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) and require a response. ORDERED, that the Clerk shall iss ue a summonses and forward them, along with copies of the Amended Complaint, to the United States Marshal for service upon the defendants. The Clerk shall forward a copy of the summonses and Amended Complaint to the Office of the Attorney General, to gether with a copy of this Decision and Order. ORDERED, that a response to the Amended Complaint be filed by the defendants, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Chief Judge Glenn T. Suddaby on 1/9/18. (served on plaintiff by regular mail)(alh, )

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Plaintiff: Tyrone Walker
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Defendant: Joseph Bellnier
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Defendant: Donald Uhler
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Defendant: Paul P. Woodruff
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Defendant: Joanne Fitchette
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Defendant: Melissa A. Cook
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