Merritt v. Theriault et al
| Elijha Merritt |
| John Doe "E", John Doe "D", Nurse Jane Doe "A", John Doe "B", Nurse Administrator, Dr. S. Ramineni, Nurse Jane Doe "B", J. Hicks, Sarah Van Vorst, John Doe "A", Carl J. Koenigsmann, C.O.R.C. Director, John Doe "C", Lieutenant Theriault and Nurse S. Furgison |
| 9:2018cv01067 |
| September 7, 2018 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| David N Hurd |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 5 NOTICE to plaintiff that five copies of his complaint together with 5 completed USM-285 forms are required by 11/16/18 in order for the US Marshals to effect service on defendants. (nas, ) |
Filing 4
DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that the following 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: (1) constitutional claims based upon threats, verbal harassment, and false reports; (2) Eighth Amendment deliberate medical indifference claims against Hicks, C.O. Does A, B, C, D, and E, and Theriault; (3) Eighth Amendment failure to protect claim against Theriault; (4) Fourteenth Amendment due process claim against Theriault; (5) equal protection claims; (6) First Amendment claims related to mail interference and access to the courts; (7) claims based upon interference with the grievance process; (8) conspiracy claims; (9) supervisory claims against Nurse Administrator and CORC Director; (10) supervisory claims against Koenigsmann and Van Vorst related to excessive force and retaliation; and (11) substantive due process claims. ORDERED that the following claims 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: (1) Eighth Amendment deliberate medical indifference claims against Furgison, Nurse Doe A, Nurse Doe B, and Ramineni; (2) Eighth Amendment excessive force and failure to protect claims against Hicks, C.O. Does A, B, C, D, and E; (3) Eighth Amendment sexual assault claim against C.O. Doe D; (4) First Amendment retaliation claim against Furgison and Hicks; (5) supervisory claims related to Eighth Amendment deliberate medical indifference against Koenigsmann and Van Vorst; and (6) racial discrimination claim against C.O. Doe B; ORDERED that Theriault, Nurse Administrator, and CORC Director are DISMISSED as defendants herein. ORDERED that upon receipt from plaintiff of the documents required for service of process, the Clerk shall issue a summonses and forward them, along with copies of the Complaint, to the United States Marshal for service upon Furgison, Nurse Doe A, Nurse Doe B, Ramineni, Hicks, C.O. Doe A, C.O. Doe B, C.O. Doe C, C.O. Doe D, C.O. Doe E, Koenigsmann, and Van Vorst The Clerk shall forward a copy of the summonses and Complaint to the Office of the Attorney General, together with a copy of this Decision and Order. Signed by Judge David N. Hurd on 10/15/18. {order served via regular mail on plaintiff}(nas, )
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| Notification to Superintendent of Filing - Provided Superintendent at Mohawk Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 3 INMATE AUTHORIZATION FORM by Elijha Merritt. (alh, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Elijha Merritt.(alh, ) |
| Filing 1 COMPLAINT against C.O.R.C. Director, Jane Doe "A", John Doe "A", Jane Doe "B", John Doe "B", John Doe "C", John Doe "D", John Doe "E", S. Furgison, J. Hicks, Carl J. Koenigsmann, Nurse Administrator, S. Ramineni, Lieutenant Theriault, Sarah Van Vorst filed by Elijha Merritt. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet, #3 Affidavit of Service, #4 Envelope)(alh, ) |
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