Teaque v. State of New York Department of Corrections and Community Supervision
| Derrick Teaque |
| State of New York Department of Corrections and Community Supervision, R.J. Sexton, K.L. Mullen and Ingram |
| 9:2018cv01412 |
| December 4, 2018 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 21, 2020. A more recent docket listing may be available from PACER.
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Filing 13
DECISION AND ORDER: ORDERED that plaintiff's Third IFP Application (Dkt. No. #10 ) is GRANTED. ORDERED that plaintiff's second IFP application (Dkt. No. #5 ) is DENIED as unnecessary. ORDERED that the Clerk shall file a copy of the "Supplemental Complaint" (Dkt. No. #11 ) immediately following the signature page of the complaint. ORDERED that plaintiff's Letter Motion (Dkt. No. #8 ) is DENIED as unnecessary. ORDERED that the Clerk shall update the docket to add the following parties as defendants: (1) Corrections Officer K.L. Mullen; (2) Corrections Officer R.J. Sexton; and (3) Corrections Officer Ingram. ORDERED that plaintiff's Eighth Amendment excessive force and failure-to-intervene claims against defendants Mullen, Sexton, and Ingram SURVIVE sua sponte review and require a response. ORDERED that plaintiff's claims against the New York State Department of Corrections and Community Supervision are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) as barred by the Eleventh Amendment. ORDERED that the New York State Department of Corrections and Community Supervision is DISMISSED as a defendant. 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 Mullen, Sexton, and Ingram. ORDERED that plaintiff's motion for appointment of counsel (Dkt. No. #7 ) is DENIED. Signed by Chief Judge Glenn T. Suddaby on 2/1/19. {order served via regular mail on plaintiff}(nas, )
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| Notification to Superintendent of Filing - Provided Superintendent at Collins Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 12 NOTICE of Change of Address by Derrick Teaque Effective Date 1/24/19 Old Address: Mid-State Correctioanl Facility New Address: Collins Correctional Facility (nas, ) |
| Filing 11 Supplemental complaint submitted by Teaque. (nas, ) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis filed by Derrick Teaque. (Attachments: #1 account statement) (nas, ) |
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Filing 9
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 Chief Judge Glenn T. Suddaby on 12/27/18. {text order served via regular mail on plaintiff}(nas, )
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| Filing 8 Letter Motion from Derrick Teaque requesting to supplement his complaint. (nas, ) |
| Filing 7 MOTION to Appoint Counsel filed by Derrick Teaque. (rar, ) |
| Filing 6 INMATE AUTHORIZATION FORM by Derrick Teaque. (rar, ) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis from Derrick Teaque. (Attachments: #1 cover letter)(rar) (Attachment 1 replaced on 12/11/2018) (rar, ). (Main Document 5 replaced on 12/12/2018) (nas, ). |
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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. Signed by Chief Judge Glenn T. Suddaby on 12/6/2018. (Order and IFP form served on plaintiff via regular mail). (rar, ) Modified on 12/6/2018 (rar, ).
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| Filing 3 INMATE AUTHORIZATION FORM by Derrick Teaque. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Derrick Teaque. (nas, ) |
| Filing 1 COMPLAINT against State of New York Department of Corrections and Community Supervision filed by Derrick Teaque. (Attachments: #1 cover letter; envelope)(nas, ) (Main Document 1 replaced on 2/1/2019) (nas, ). (Main Document 1 replaced on 2/1/2019) (nas, ). |
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