Riger v. Bigalow et al
| Mayan Duenas Riger |
| John Doe #2, Officer Bigalow, John Doe #3 and John Doe #1 |
| 9:2018cv01161 |
| September 26, 2018 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 6
Summons Issued as to Officer Bigalow. {copy of order; summons and complaint served on the Office of the Attorney General}(nas, )
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Filing 5
DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that the Fourteenth Amendment due process 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 the Eighth Amendment excessive force claims against Bigalow, C.O. Doe #1, C.O. Doe #2, and Sgt. Doe 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 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. ORDERED that Plaintiff shall take reasonable steps through discovery to ascertain the identity of Doe defendants. Plaintiff's failure to timely serve those defendants will result in dismissal of the claims asserted against them and termination of those defendants from the action. ORDERED that Plaintiff's motion for counsel (Dkt. No. #4 ) is DENIED. Signed by Chief Judge Glenn T. Suddaby on 10/26/18.{order served via regular mail on plaintiff} (nas, )
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Notification to Superintendent of Filing - Provided Superintendent at Attica Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, )
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Filing 4
MOTION to Appoint Counsel filed by Mayan Duenas Riger. (nas, )
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Filing 3
INMATE AUTHORIZATION FORM by Mayan Duenas Riger. (nas, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Mayan Duenas Riger. (nas, )
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Filing 1
COMPLAINT against Officer Bigalow, John Doe #1, John Doe #2, John Doe #3 filed by Mayan Duenas Riger. (Attachments: #1 complaint, #2 envelope)(nas, )
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