Mercer v. Sullivan et al
| James R. Mercer, Jr. |
| Ann Marie T. Sullivan, Jean Burdick, Megan X. Thomas, C. Ballinger, III, Jill Grant, Deborah J. McCulloch, Gavin Elder, M. Bernstein and Bud C. Ballinger, III |
| 9:2018cv01148 |
| September 24, 2018 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Mae A D'Agostino |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 12, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 8 AMENDED COMPLAINT filed by James R. Mercer, Jr. (Attachments: #1 cover letter, #2 envelope)(nas, ) |
| Filing 7 NOTICE of Change of Address by James R. Mercer, Jr Effective Date 11/9/18 Old Address: Cape Vincent Correctional Facility New Address: Marcy Correctional Facility (Attachments: #1 envelope)(nas, ) |
| Filing 6 Summons Issued as to Bud C. Ballinger, III, Jean Burdick, Gavin Elder, Megan X. Thomas. {copy of summons; complaint and order served on the Office of the Attorney General}(nas, ) |
| Notification to Superintendent of Filing - Provided Superintendent at Cape Vincent Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 5 DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that Plaintiff's 1983 claims for monetary damages against defendants in their official capacity are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b). 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) Fourteenth Amendment due process claims; (2) Equal Protection claims; (3) Eighth Amendment claims; (4) First Amendment claims related to the grievance process; (5) retaliation claims based upon failure to investigate; (6) conspiracy claims; (7) state law claims; and (8) claims for declaratory and injunctive relief. ORDERED that Plaintiff's First Amendment retaliation claims against Elder, Burdick, Ballinger, and Thomas 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. ORDERED that Sullivan, McCulloch, Bernstein, and Grant are DISMISSED as defendants herein. Service is directed on remainder of defendants. Signed by U.S. District Judge Mae A. D'Agostino on 10/22/18. {order served via regular mail on plaintiff}(nas, ) |
| Filing 4 Letter from James Mercer requesting forms. (forms served on plaintiff by regular mail) (alh, ) |
| Filing 3 INMATE AUTHORIZATION FORM by James R. Mercer, Jr. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by James R. Mercer, Jr. (nas, ) |
| Filing 1 COMPLAINT against C. Ballinger, III, M. Bernstein, Jean Burdick, Gavin Elder, Jill Grant, Deborah J. McCulloch, Ann Marie T. Sullivan, Megan X. Thomas filed by James R. Mercer, Jr. (Attachments: #1 Civil Cover Sheet, #2 envelope)(nas, ) |
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