Franks v. Eckert et al
| Shaquan Franks |
| Dr. Loricchio Andola, Dr. J. Wolf, William Lee, A. Russo, A. Acevedo, Dr. Jacqueline Elevitt, Katherine Bergamasco, Chreyl Morris, Stewart Eckert, DSP, Dr. Mikhail Gusman, Betty-Jo Gable, Superintendent, E. Burnett and Heidi Lewis |
| 9:2018cv01282 |
| November 1, 2018 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 14 NOTICE of Change of Address by Shaquan Franks Effective Date 12/23/18 Old Address: Wende Correctional Facility New Address: 508 Williams Ave, #2B, Brooklyn NY 11207 (nas, ) |
| Copy of dkt. no. 13 and updated copy of docket sheet served on plaintiff at 508 Williams Ave, #2B, Brooklyn NY 11207 (nas, ) |
Filing 13
DECISION AND ORDER: ORDERED that plaintiff's Section 1983 claims for monetary relief against 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 if plaintiff wishes to proceed with this action he must file an amended complaint within thirty (30) days of the filing date of this Decision and Order. ORDERED that upon the filing of an amended complaint as directed, the Clerk shall return the file to this Court for further review. ORDERED that in the event plaintiff fails to file a signed amended complaint within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without prejudice due to plaintiff's failure to state a claim upon which relief can be granted and to comply with the terms of this Decision and Order, without further order of this Court. ORDERED that the Clerk shall TERMINATE each of the defendants from Wende Correctional Facility and Sullivan Correctional Facility because the claims against these defendants were not transferred to this District pursuant to the Transfer Order (Dkt. No. 11). Signed by Chief Judge Glenn T. Suddaby on 12/19/18. ( Notice of Compliance Deadline 1/22/2019, Case Review Deadline 2/19/2019){order served via regular mail on plaintiff} (nas, )
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| Filing 12 Case transferred in from District of New York Western; Case Number 1:18-cv-00589. electronically transferred when case opened |
| Remark: A copy of #1 Complaint has been mailed to Plaintiff, along with a blank 1983 complaint form, and the instructions for preparing an amended complaint. (KLH) [Transferred from New York Western on 11/1/2018.] |
| Filing 11 DECISION AND ORDER that Plaintiff's request to proceed in forma pauperis is granted; that Plaintiff's requests for preliminary injunctive relief, to compel Defendants to answer and for default judgment are denied; that the claims set forth on the Complaint dealing with the Sullivan Correctional Facility are severed and transferred to the Southern District of New York; that the claims set forth on the Complaint dealing with the Eastern Correctional Facility are severed and transferred to the Northern District of New York; that Defendants Superintendent, Burnett, DSP, Lewis, Wolf Lee, Morris, Gusman, Andola, and Russo are terminated from this action, and that that Plaintiff is granted leave to file an amended complaint as directed within 45 days of entry of this Order; that in the event Plaintiff fails to file an amended complaint as directed, the Complaint shall be dismissed with prejudice and the Clerk of Court shall close this case as dismissed without further order; and that in the event the Complaint is dismissed because Plaintiff has failed to file an amended complaint, leave to appeal to the Court of Appeals as a poor person is denied. Signed by Hon. Elizabeth A. Wolford on 10/31/2018. Copy mailed to Plaintiff.(KLH) [Transferred from New York Western on 11/1/2018.] |
| Filing 10 LETTER MOTION for an order to force defendants to answer by Shaquan Franks.(KLH) [Transferred from New York Western on 11/1/2018.] |
| Filing 9 MOTION for Default Judgment by Shaquan Franks.(KLH) [Transferred from New York Western on 11/1/2018.] |
| Filing 8 Letter from Shaquan Franks, dated 9/9/2018, to Clerk. (KLH) [Transferred from New York Western on 11/1/2018.] |
| Filing 7 MOTION for an order compelling defendants to answer by Shaquan Franks. (KLH) [Transferred from New York Western on 11/1/2018.] |
| Filing 6 Letter from Shaquan Franks, dated 8/13/2018, to Clerk. (Status update reply letter sent.) (KLH) [Transferred from New York Western on 11/1/2018.] |
| Filing 5 MOTION for Immediate Injunction by Shaquan Franks.(SG) [Transferred from New York Western on 11/1/2018.] |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Shaquan Franks.(KLH) [Transferred from New York Western on 11/1/2018.] |
| Filing 3 MOTION for Injunctive Relief by Shaquan Franks.(KLH) [Transferred from New York Western on 11/1/2018.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Shaquan Franks.(KLH) [Transferred from New York Western on 11/1/2018.] |
| Filing 1 COMPLAINT against A. Acevedo, Loricchio Andola, Katherine Bergamasco, E. Burnett, DSP, Stewart Eckert, Jacqueline Elevitt, Betty-Jo Gable, Mikhail Gusman, William Lee, Heidi Lewis(IOB, Eastern Correctional Facility), Heidi Lewis(IOB, Sullivan Correctional Facility), Chreyl Morris, A. Russo, Superintendent, J. Wolf, filed by Shaquan Franks. (Attachments: #1 Civil Cover Sheet)(KLH) [Transferred from New York Western on 11/1/2018.] |
| Remark: Plaintiff has been mailed a pro se packet including Privacy Notice and Consent to Proceed before a Magistrate Judge. (KLH) [Transferred from New York Western on 11/1/2018.] |
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