Collier v. Annucci et al
| Erick Collier |
| Anthony J. Annucci, Matthew Thoms, Dr. John Doe, CO John Doe and Nurse Jane Doe |
| 9:2018cv00990 |
| August 17, 2018 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| Therese Wiley Dancks |
| Thomas J McAvoy |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 5 Summons Issued as to Anthony J. Annucci, Matthew Thoms. (copy served on NYS AG with order and complaint by regular mail) (alh, ) |
Filing 4
DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. #2 ) is GRANTED. ORDERED that plaintiff's Eighth Amendment conditions-of-confinement claim against defendants Thoms and Annucci 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 defendants Corrections Officer John Doe, Dr. John Doe, and Nurse Jane Doe are DISMISSED without prejudice for the reasons set forth above. 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 Thoms and Annucci. 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 Thoms and Annucci, 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 Thomas J. McAvoy on 9/26/18. (served on plaintiff by regular mail)(alh, )
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| Notification to Superintendent of Filing - Provided Superintendent at Franklin Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (alh, ) |
| Filing 3 INMATE AUTHORIZATION FORM by Erick Collier. (alh, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Erick Collier.(alh, ) |
| Filing 1 COMPLAINT against Anthony J. Annucci, Jane Doe, John Doe, John Doe, Matthew Thoms filed by Erick Collier. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Envelope)(alh, ) |
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