Sheffer v. Fleury et al
| Joshua Sheffer |
| Labarge, John Doe, Department of Correction and Community Supervision, Albert Prack, Frances Sullivan, Smith, Donald G. Uhler, Chase, Daniel Martuscello, III, Fleury and Bond |
| 9:2018cv01180 |
| October 1, 2018 |
| U.S. District Court for the Northern District of New York |
| Lawrence E Kahn |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 4, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 9
Letter from Sheffer stating that he is not going to amend his complaint. (nas, )
|
|
Filing 8
DECISION AND ORDER: ORDERED that #5 Motion for Leave to Proceed in forma pauperis is granted. ORDERED, that Plaintiff's Eighth Amendment failure-to- protect claims against Fleury, Doe, Smith, Bond, Prack, Sullivan, and Martuscello SURVIVE sua sponte review and require a response; ORDERED, that Plaintiff's Eighth Amendment claims based on sexual harassment by Doe and Labarge are DISMISSED without prejudice; ORDERED, that Plaintiff's claims for monetary relief against the New York State Department of Corrections and Community Supervision and the other named defendants in their official capacities are DISMISSED with prejudice; ORDERED, that the Clerk shall TERMINATE from the Docket the following defendants: (1) Uhler, (2) Chase, and (3) Labarge; ORDERED, that the Clerk shall send a copy of the Complaint and this Decision and Order to the New York State Attorney General's Office. The New York State Attorney General's Office is requested to produce the name and service address of the defendant currently identified as a Corrections Sergeant from Upstate Correctional Facility who interviewed Plaintiff on September 15, 2017 in Building No. 8 as described above. It is requested to do so within thirty days of the filing date of this Decision and Order. Upon receipt of a response from the New York State Attorney General's Office, as directed above, the Clerk shall return this file to the Court for further review; ORDERED, that the Clerk shall issue summonses and forward them, along with copies of the Complaint, to the United States Marshal for service upon the defendants Fleury, Smith, Bond, Prack, Sullivan, and Martuscello. Signed by Senior Judge Lawrence E. Kahn on 11/14/2018. (Order served by regular mail on plaintiff). (rar )
|
|
Notification to Superintendent of Filing - Provided Superintendent at Marcy Correctional Facility with notice of instant action and a copy of Plaintiff's #6 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rar)
|
|
Filing 7
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 Lawrence E. Kahn on 10/11/18. {text order served via regular mail on plaintiff}(nas, )
|
|
Filing 6
INMATE AUTHORIZATION FORM by Joshua Sheffer. (nas, )
|
|
Filing 5
MOTION for Leave to Proceed in forma pauperis filed by Joshua Sheffer. (nas, )
|
|
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 and a signed Inmate Authorization Form consenting to payment of $350.00 over time. Signed by Senior Judge Lawrence E. Kahn on 10/3/18. {order and blank forms served via regular mail on plaintiff}(nas, )
|
|
Filing 3
INMATE AUTHORIZATION FORM by Joshua Sheffer. (nas, )
|
|
Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Joshua Sheffer. (nas, )
|
|
Filing 1
COMPLAINT against Bond, Chase, Department of Correction and Community Supervision, John Doe, Fleury, Labarge, Daniel Martuscello, III, Albert Prack, Smith, Frances Sullivan, Donald G. Uhler filed by Joshua Sheffer. (Attachments: #1 Civil Cover Sheet, #2 cover letter, #3 envelope)(nas, )
|
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
