Toliver v. Adner et al

Plaintiff: Samuel Rasheen Raymond Toliver
Defendant: K. Adner, Mcduliff, Brahart, Cadwell, Bucley, McAuliff and Brabart
Case Number: 9:2018cv01420
Filed: December 7, 2018
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: David N Hurd
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on January 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2019 A copy of the Complaint and the Decision and Order dated 1/28/19 were mailed to the Office of the Attorney General via regular mail. (rar, )
January 28, 2019 Filing 9 Summons Issued as to K. Adner. (rar, )
January 28, 2019 Provided Superintendent of Gouverneur Correctional Facility with notice of instant action and a copy of Inmate Authorization form. Copy of same provided to Finance Department. (rar, )
January 28, 2019 Opinion or Order Filing 8 DECISION AND ORDER. ORDERED that 1. Plaintiff's in forma pauperis application (Dkt. No. #2 ) is GRANTED. The Clerk shall provide the Superintendent of the facility, designated by plaintiff as his current location, with a copy of plaintiff's inmate authorization form, and notify the official that this action has been filed and that plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915. The following claims 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: (1) section 1983 claims for monetary damages against defendants in their official capacity; and (2) claims based upon violations of 18 U.S.C. 1708 and 1709. The following 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: (1) Fourth Amendment claims against Cadwell, Brabart, Bucley, and McAuliff; (2) First Amendment claims related to interference and tampering with legal mail; (3) First Amendment access- to-court claims; (4) conspiracy claims; (5) claims related to the failure to investigate; (6) claims related to violations of DOCCS' Directives and Postal Regulations; (7) Fourteenth Amendment due process claims related to disciplinary confinement; (8) Eighth Amendment claims related to his conditions of confinement; (9) equal protection and discrimination claims; (10) First Amendment retaliation claims based upon mail interference and SHU confinement; and (11) claims pursuant to the New York State Constitution. The following claims survive review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and requires a response: (1) the Fourth Amendment claim against Adner; and (2) the retaliation claim against Adner based upon the misbehavior report. Cadwell, Brabart, Bucley, and McAuliff are DISMISSED as defendants herein. A response to the Complaint be filed by Adner, or his/her counsel, as provided for in the Federal Rules of Civil Procedure. All parties must comply with Local Rule 7.1 of the Northern District of New York in filing motions. Signed by Judge David N. Hurd on 1/28/19. (Decision and Order mailed to plaintiff by regular mail.) (rar, )
January 16, 2019 Filing 7 Letter from Court to plaintiff regarding status of case. (rar, )
January 16, 2019 Filing 6 Letter from Toliver. (rar, )
January 2, 2019 Filing 5 Letter from Toliver dated 12/27/18. Updated copy of docket sheet provided. (nas, )
December 7, 2018 Filing 4 Case transferred in from District of New York Western; Case Number 1:18-cv-01197. electronically transferred when case opened
November 19, 2018 Opinion or Order Filing 3 ORDER transferring the action to the Northern District of New York. This Court leaves the sufficiency of the Plaintiff's Complaint and the motion to proceed in forma pauperis to the Northern District of New York. Signed by Hon. Richard J. Arcara on 11/19/18. (SG) [Transferred from New York Western on 12/7/2018.]
November 2, 2018 Pro Se Packet Mailed to Plaintiff which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline. (SG) [Transferred from New York Western on 12/7/2018.]
October 29, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis AND INMATE AUTHORIZATION FORM by Samuel Rasheen Raymond Toliver.(SG) [Transferred from New York Western on 12/7/2018.] Modified on 12/7/2018 (nas, ).
October 29, 2018 Filing 1 COMPLAINT against K. Adner, Brahart, Bucley, Cadwell, Mcduliff, filed by Samuel Rasheen Raymond Toliver.(SG) Original document maintained in case file due to poor legibility. (Additional attachment(s) added on 11/2/2018: #1 Civil Cover Sheet) (SG). [Transferred from New York Western on 12/7/2018.]

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Defendant: K. Adner
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Defendant: Mcduliff
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Defendant: Brahart
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Defendant: Cadwell
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Defendant: Bucley
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Defendant: McAuliff
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Defendant: Brabart
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Plaintiff: Samuel Rasheen Raymond Toliver
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