Boyd v. Doe #1 et al
| Nyjee L. Boyd |
| Holland, John Doe #5, E. Bell, John Doe #4, John Doe #1, Baer, Young, S. Wood, John Doe #6, John Doe #3, J. Annucci, John Doe #2 and Hunt |
| 9:2018cv01333 |
| November 13, 2018 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Thomas J McAvoy |
| 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 March 18, 2022. A more recent docket listing may be available from PACER.
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Filing 7
NOTICE to plaintiff that 7 copies of his complaint and 7 completed and signed USM-285 forms are required by 2/4/19 in order for the US Marshals to effect service on defendants. (nas, )
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Filing 6
DECISION AND ORDER: ORDERED that #4 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that the following claims SURVIVE sua sponte review and require a response: (1) plaintiff's Free Exercise claims against defendants C.O. John Doe #2, Baer, C.O. John Doe #3, Sgt John Doe #1, Wood, Annucci, and Bell; (2) plaintiff's retaliation claims against defendants C.O. John Doe #2, Baer, C.O. John Doe #3, W ood, Hunt, Young, Holland, Annucci, and Bell; and (3) plaintiff's excessive force and failure-to-intervene claims against defendants Sgt John Doe #1, Sgt John Doe #2, C.O. John Doe #1, C.O. John Doe #6, Baer, Hunt, Annucci, and Bell. ORDERED that all remaining 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 defendants John Doe #4 and John Doe #5 are DISMISSED without prejudice as defendants for the reasons set forth above. ORDERED that the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon defendants Baer, Young, Wood, Holland, Hunt, Annucci, and Bell. ORDERED that the New York State Attorney General's Office is hereby requested, to the extent possible, to produce the information specified above regarding the identities of Sgt John Doe #1, Sgt John Doe #2, C.O. John Doe #1, C.O. John Doe #2, C.O. John Doe #3, and C.O. John Doe #6 within thirty (30) 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. Signed by Senior Judge Thomas J. McAvoy on 1/2/19. {order served via regular mail on plaintiff}(nas, )
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Notification to Superintendent of Filing - Provided Superintendent at Clinton Correcitonal Facility with notice of instant action and a copy of Plaintiff's #2 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, )
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Filing 5
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 Thomas J. McAvoy on 11/28/2018. (copy of Text Order provided to plaintiff via regular mail). (rar, )
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Filing 4
MOTION for Leave to Proceed in forma pauperis filed by Nyjee L. Boyd. (rar, )
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Filing 3
ORDER DIRECTING ADMINISTRATIVE CLOSURE WITH OPPPORTUNITY TO COMPLY WITH FILING FEE REQUIREMENTS. 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 Senior Judge Thomas J. McAvoy on 11/15/2018. (Order and blank IFP form served on plaintiff via regular mail). (rar, )
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Filing 2
INMATE AUTHORIZATION FORM by Nyjee L. Boyd. (rar, )
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Filing 1
COMPLAINT against J. Annucci, Baer, E. Bell, John Doe #1(Correction Officer; Clinton Correctional Facility), John Doe #1(Sergeant, Clinton Correctional Facility), John Doe #2(Correction Officer, Clinton Correctional Facility), John Doe #2(Sergeant, Clinton Correctional Facility), John Doe #3, John Doe #4, John Doe #5, John Doe #6, Holland, Hunt, S. Wood, Young filed by Nyjee L. Boyd. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet, #3 envelope)(rar, )
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