Washington v. Thomas et al
| Jerome Washington |
| Mr. Mills, Ms. Whitaker, Mr. Daughtery, W. Carter, Ms. Collins, Mr. Coles, Mr. Brown, Justin Thomas, Mr. Dunn, Mr. Mayo, Sgt. Kirkpat, Ms. Wells, Banks, John/Jane Doe and Mr. Donahue |
| 9:2018cv01121 |
| September 18, 2018 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Brenda K Sannes |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2020. A more recent docket listing may be available from PACER.
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Filing 14
DECISION AND ORDER: ORDERED that #10 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that the Clerk shall amend the docket to add Banks as a defendant. ORDERED that the following claims 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: (1) claims for money damages pursuant to Section 1983 against defendants in their official capacity; and (2) RLUIPA claims for monetary damages against defendants in their official and individual capacities. ORDERED that the following claims are DISMISSED without prejudice: (1) claims against Carter and Whitaker; (2) Eighth Amendment deliberate medical indifference claims against John/Jane Doe; (3) Eighth Amendment claim against Daughtery; (4) Fourteenth Amendment claims related to Plaintiff's personal property; and (5) claims for injunctive relief. 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 conditions-of- confinement claims against Wells, Mills, Kirkpat, Mayo, Coles, Dunn, Brown, and Banks; and (2) First Amendment claims against Thomas, Collins, and Donahue. ORDERED that the Clerk terminate Carter, Whitaker, Daughtery, and John/Jane Doe as defendants in this action. ORDERED the Clerk shall issue a summonses and forward them, along with copies of the Complaint, to the United States Marshal for service upon the defendants. 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 Brenda K. Sannes on 11/15/18. (Attachments: #1 case law cited, #2 case law cited, #3 case law cited, #4 case law cited, #5 case law cited, #6 case law cited, #7 case law cited, #8 case law cited) {order served via regular mail on plaintiff}(nas, )
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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 #7 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rar, ) |
| Filing 13 NOTICE of Change of Address by Jerome Washington Effective Date 11/13/2018 Old Address: Marcy Correctional Facility New Address: Auburn Correctional Facility (rar, ) |
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Filing 12
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 Judge Brenda K. Sannes on 10/2/18. {text order served via regular mail on plaintiff}(nas, )
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| Filing 11 INMATE AUTHORIZATION FORM by Jerome Washington. (nas, ) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis filed by Jerome Washington.(nas, ) |
| Filing 9 Submission by Jerome Washington. (Attachments: #1 envelope)(nas, ) |
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Filing 8
TEXT ORDER: By Order of this Court dated September 19, 2018, this case was administratively closed due to plaintiff's failure to comply with the filing fee requirements. Dkt. No. 4 (the "September Order"). Plaintiff was afforded thirty (30) days in which to either (1) pay the full filing fee of $400.00, or (2) submit a completed and signed application to proceed in forma pauperis ("IFP") that has been certified by an appropriate official at his facility, along with a signed Inmate Authorization Form consenting to the payment of the $350.00 filing fee amount over time. Id. Plaintiff was advised that upon his compliance with the September Order, the Clerk would reopen this action and forward it to the Court for review. Id. The Court is in receipt of additional submissions received for filing after the September Order was issued, including a second application to proceed IFP, and a supplemental pleading. See Dkt. Nos. 5, 6, 7. None of these submissions cure the deficiencies identified in the September Order. As a result, plaintiff is advised that this action remains closed and the Court will not review plaintiff's complaint and supplemental pleading in accordance with 28 U.S.C. 1915(e)(2)(B) and/or 28 U.S.C. 1915A(b) unless and until he complies with the September Order. Plaintiff is advised that his deadline to comply with the September Order is reset until thirty (30) days from the filing date of this Text Order. The Clerk is directed to serve a copy of this Text Order on plaintiff, along with a blank IFP Application, and a copy of the September Order. The Clerk is further directed to attach plaintiff's supplemental pleading (Dkt. No. 5), with exhibits (Dkt. No. 5-1), to the complaint. Authorized by Judge Brenda K. Sannes on 9/21/18. (served as directed)(alh, )
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| Filing 7 INMATE AUTHORIZATION FORM by Jerome Washington. (alh, ) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Jerome Washington. (Attachments: #1 Cover Letter and Envelope)(alh, ) |
| Filing 5 Complaint filed by Jerome Washington. (Attachments: #1 Exhibit(s)) (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 Judge Brenda K. Sannes on 9/19/18. (served on plaintiff with form by regular mail)(alh, )
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| Filing 3 INMATE AUTHORIZATION FORM by Jerome Washington. (alh, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Jerome Washington.(alh, ) |
| Filing 1 COMPLAINT against Mr. Brown, W. Carter, Mr. Coles, Ms. Collins, Mr. Daughtery, Mr. Dunn, Sgt. Kirkpat, Mr. Mayo, Mr. Mills, Justin Thomas, Ms. Wells, Ms. Whitaker filed by Jerome Washington. (Attachments: #1 Envelope)(alh, ) (Additional attachment(s) added on 9/21/2018: #2 Supplemental Submission, #3 Exhibit(s)) (alh, ). |
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