Jones v. Doe et al
| Milton E. Jones |
| John Doe, Fennessy, State of New York Attorney General, Anthony Annucci and McCarthy |
| 9:2018cv00947 |
| August 10, 2018 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Cayuga |
| Gary L Sharpe |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 8 Summons Issued as to Fennessy, McCarthy. (copy served on NYS AG by regular mail with complaint and order) (alh, ) |
Filing 7
DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. #5 ) is GRANTED. ORDERED that plaintiff's claims for monetary damages against the State of New York and the remaining defendants in their official capacities are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b). ORDERED that plaintiff's Eighth Amendment conditions-of-confinement claim asserted against defendants McCarthy and Fennessy SURVIVES sua sponte review and requires a response. ORDERED that all remaining claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED that the State of New York, John Doe, and Commissioner Annucci are DISMISSED without prejudice as defendants to this action. ORDERED that the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon defendants McCarthy and Fennessy. The Clerk shall also forward a copy of the summons and complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. ORDERED that defendants McCarthy and Fennessy, or their counsel, file a response to plaintiff's claims against them as provided for in Rule 12 of the Federal Rules of Civil Procedure after service of process on these defendants. Signed by Senior Judge Gary L. Sharpe on 10/1/18. (served on plaintiff by regular mail) (alh, )
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| Notification to Superintendent of Filing - Provided Superintendent at Auburn Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (alh, ) |
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Filing 6
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. Authorized by Senior Judge Gary L. Sharpe on 8/20/18. (served on plaintiff by regular mail)(alh, )
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Milton E. Jones.(alh, ) |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP Application is DENIED as incomplete. ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if plaintiff desires to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either (1) pay the full $400.00 filing fee for civil actions or (2) submit a completed and signed IFP Application that has been certified by an appropriate official at his facility. Signed by Senior Judge Gary L. Sharpe on 8/13/18. (served on plaintiff with form by regular mail)(alh, )
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| Filing 3 INMATE AUTHORIZATION FORM by Milton E. Jones. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Milton E. Jones. (nas, ) |
| Filing 1 COMPLAINT against Anthony Annucci, John Doe, Fennessy, McCarthy, State of New York Attorney General filed by Milton E. Jones. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet, #3 envelope)(nas, ) |
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