Lando v. New York State Department of Corrections and Community Supervision et al
| Timothy E. Lando, Jr. and Timothy E. Lando |
| Anthony J. Annucci, New York State Department of Corrections and Community Supervision, Steven A. Claudio, Margaret Montfort-Balfour, Jason Rhodes, Kenneth Gilbert, Tammy Gronau, Division of Parole, Brian Reed, Kenneth Palmer and Jay Moss |
| 9:2018cv01472 |
| December 20, 2018 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| 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 August 26, 2022. A more recent docket listing may be available from PACER.
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Filing 7
DECISION AND ORDER: ORDERED that #3 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that the Clerk shall TERMINATE from the docket New York State Department of Corrections and Community Supervision and Division of Parole. ORDERED that plaintiff's claims seeking money damages asserted against defendants Gronau, Reed, Rhodes, and Claudio SURVIVE initial review. ORDERED that plaintiff's claims seeking money damages against defendants Annucci, Gilbert, Montfort-Balfour, Moss, and Palmer are DISMISSED without prejudice for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 1915A(b)(1). ORDERED that plaintiff's claims seeking injunctive relief against defendants Annucci, Claudio, Gilbert, Montfort-Balfour, Moss, and Palmer in their official capacities SURVIVE initial 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 defendants Annucci, Claudio, Gilbert, Montfort-Balfour, Moss, Palmer, Gronau, Reed, and Rhodes. The Clerk shall forward a copy of the summonses and complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. Signed by Senior Judge Thomas J. McAvoy on 2/14/19. {order served via regular mail on plaintiff}(nas, )
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Notification to Superintendent of Filing - Provided Superintendent at Marcy Correctional Facility with notice of instant action and a copy of Plaintiff's #4 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rar, )
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Filing 6
NOTICE of Change of Address by Timothy E. Lando, Jr. Effective Date 2/6/2019. Old Address: Gowanda Correctional Facility; New Address: Marcy Correctional Facility. (rar, )
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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 12/26/18. {text order served via regular mail on plaintiff}(nas, )
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Filing 4
INMATE AUTHORIZATION FORM by Timothy E. Lando, Jr. (nas, )
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Filing 3
MOTION for Leave to Proceed in forma pauperis filed by Timothy E. Lando, Jr. (Attachments: #1 cover letter; envelope) (nas, )
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: 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. Signed by Senior Judge Thomas J. McAvoy on 12/21/18. {order and blank forms served via regular mail on plaintiff|(nas, )
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Filing 1
COMPLAINT against Anthony J. Annucci, Steven A. Claudio, Division of Parole, Kenneth Gilbert, Tammy Gronau, Margaret Montfort-Balfour, Jay Moss, New York State Department of Corrections and Community Supervision, Kenneth Palmer, Brian Reed, Jason Rhodes filed by Timothy E. Lando, Jr. (Attachments: #1 cover letter; civil cover sheet, #2 envelope)(nas, )
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