Pagan v. Venettozzi et al

Plaintiff: Jose Pagan
Defendant: William Cardone, Donald Venettozzi, W. Purdy, Mary Jo LaPenna and Janet Cotto
Case Number: 9:2018cv01094
Filed: September 13, 2018
Court: New York Northern District Court
0 Judge: Thomas J McAvoy
1 Judge: Daniel J Stewart
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Docket Report

This docket was last retrieved on November 5, 2018. A more recent docket listing may be available from PACER.

Date Filed#Document Text
November 5, 2018 10 Summons Issued as to William Cardone, Donald Venettozzi. {copy of summons; order and complaint served on the Office of the Attorney General}(nas, )
November 5, 2018 Provided Superintendent of Coxsackie Correctional Facility with notice of instant action and copy of Inmate Authorization Form. Copies provided to financial deputy, Syracuse. (nas, )
November 5, 2018 9 Featured Case DECISION AND ORDER. Ordered that #7 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's due process claims against defendants Cardone and Venettozzi SURVIVE sua sponte review and require a response; ORDERED that plaintiff's Section 1983 claims for monetary relief against the 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) for failure to state a claim upon which relief may be granted. 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 Cotto, Purdy, and LaPenna are DISMISSED without prejudice as defendants. Service as directed. Signed by Senior Judge Thomas J. McAvoy on 11/5/18. (Order served on Plaintiff via regular mail).(nas, )
October 5, 2018 8 Featured Case 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 Thomas J. McAvoy on 10/5/18. {text order served via regular mail on plaintiff}(nas, )
October 5, 2018 7 MOTION for Leave to Proceed in forma pauperis filed by Jose Pagan. (nas, )
September 19, 2018 6 Featured Case 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 Thomas J. McAvoy on 9/19/18. {order and blank ifp form served via regular mail on plaintiff}(nas, )
September 13, 2018 5 Case transferred in from District of New York Southern; Case Number 1:18-cv-07968. electronically transferred when case opened
September 6, 2018 Mailed a copy of #4 Transfer Order N.D.N.Y. (Complaint)(case opening only), to Jose Pagan 00-A-0909 Coxsackie Correctional Facility P.O. Box 999 Coxsackie, NY 12051-0999. (aea) [Transferred from New York Southern on 9/13/2018.]
September 6, 2018 4 Featured Case TRANSFER ORDER. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Northern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes the case in the Southern District of New York. The Court certifies, pursuant to 28 U.S.C 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Colleen McMahon on 9/6/2018) (rjm) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 9/13/2018.]
August 30, 2018 3 PRISONER AUTHORIZATION. Document filed by Jose Pagan.(rdz) [Transferred from New York Southern on 9/13/2018.]
August 30, 2018 2 COMPLAINT against William Cardone, Janet Cotto, Mary Jo LaPenna, W. Purdy, Donald Venettozzi. Document filed by Jose Pagan.(rdz) [Transferred from New York Southern on 9/13/2018.]
August 30, 2018 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jose Pagan.(rdz) [Transferred from New York Southern on 9/13/2018.]

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Defendant: William Cardone
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Defendant: Donald Venettozzi
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Defendant: W. Purdy
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Defendant: Mary Jo LaPenna
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Defendant: Janet Cotto
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Plaintiff: Jose Pagan
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