Vail v. O'Gorman et al
| Timothy A. Vail and Timothy Vail |
| Joseph Bellnier, Scott Kelly, James O'Gorman, Gerald Gardner, Amber Tomlin, Erie Bell, Louis Pingotti, R. Bishop and Joseph Smith |
| 9:2019cv00034 |
| January 10, 2019 |
| US District Court for the Northern District of New York |
| David E Peebles |
| Gary L Sharpe |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 7
NOTICE to plaintiff that eight copies of complaint and eight USM-285 forms are required by 4/8/19 for the US Marshals to effect service.(nas)
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Filing 6
DECISION AND ORDER: ORDERED that plaintiff's complaint (Dkt. No. 1) is ACCEPTED for filing. ORDERED that the following claims asserted in the complaint require a response: (1) Fourteenth Amendment procedural due process asserted against all defendants; and (2) First Amendment retaliation asserted against defendants Smith, Pingotti, Tomlin, Gardner, Bellnier, O'Gorman, and Kelly. ORDERED that the following claims are DISMISSED without prejudice: (1) Fourteenth Amendment substantive due process asserted against all defendants; (2) First Amendment retaliation asserted against defendant Bell; and (3) Fourteenth Amendment equal protection asserted against all defendants. 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 Smith, Bell, Pingotti, Tomlin, Gardner, Bellnier, O'Gorman, and Kelly. 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 Gary L. Sharpe on 3/8/19. {order served via regular mail on plaintiff}(nas)
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Filing 5
Case transferred in from District of New York Western; Case Number 6:18-cv-06601. electronically transferred when case opened
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Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. This Court further determines that it is in the interest of justice that all claims arising in Shawangunk Correctional Facility be severed and transferred to the Northern District of New York pursuant to 28 U.S.C. 1406(a). This Court makes no ruling as to the sufficiency of the Plaintiffs claims as to Shawangunk Defendants, and instead this Court leaves those issues to the Northern District of New York. Plaintiffs Attica claims and all claims against Defendant Bishop are dismissed without prejudice and that Plaintiff is granted leave to file an amended complaint as directed above by forty-five (45) days from the date of this Order. Signed by Hon. Charles J. Siragusa on 12/3/18. (mailed plaintiff a copy of this order, a copy of the original Complaint, a blank 1983 complaint form, and the instructions for preparing an amended complaint) (TF) [Transferred from New York Western on 1/10/2019.]
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Filing 3
CONTINUATION OF EXHIBITS by Timothy Vail as to #1 Complaint filed by Timothy Vail. (BK) [Transferred from New York Western on 1/10/2019.]
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Privacy notice, consent form and civil case timeline mailed to plaintiff. (TF) [Transferred from New York Western on 1/10/2019.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Timothy Vail.(TF) [Transferred from New York Western on 1/10/2019.]
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Filing 1
COMPLAINT against All Defendants, filed by Timothy Vail. (Attachments: #1 Exhibit, #2 Exhibit, #3 envelope, #4 Civil Cover Sheet Cover letter)(TF) [Transferred from New York Western on 1/10/2019.]
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