Jones v. Department of Corrections and Community Supervision et al
| David C. Jones |
| A. Raven, Baker, Gausconi, Abar, Stephen Maher and Department of Corrections and Community Supervision |
| 9:2019cv00047 |
| January 14, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| 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 February 22, 2019. A more recent docket listing may be available from PACER.
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Filing 10
DECISION AND ORDER: ORDERED that in accordance with plaintiff's notice (Dkt. No. #9 ) to voluntarily dismiss this action, the Clerk of the Court shall close this case and reflect that the action is voluntarily dismissed without prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. ORDERED that the Clerk serve copies of this Decision and Order on the plaintiff and the Office of the New York State Attorney General. Signed by Senior Judge Thomas J. McAvoy on 2/21/19. {order served as directed}(nas)
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| Filing 9 Letter Motion from David C. Jones requesting to "cancel proceedings". (nas, ) |
| Filing 8 Summons Issued as to A. Raven. {copy of summons; order and complaint served on the Office of the Attorney General}(nas, ) |
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Filing 7
DECISION AND ORDER: ORDERED that #2 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 retaliation claim against defendant Raven; and (2) plaintiff's excessive force claim against defendant Raven. 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 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 DOCCS, Sgt Baker, DSS Baker, Maher, Abar, and Gausconi are DISMISSED without prejudice as defendants for the reasons set forth above. ORDERED that, upon receipt from plaintiff of the documents required for service, the Clerk shall issue a summons and forward it, along with a copy of the complaint, to the United States Marshal for service upon defendant Raven. The Clerk shall also forward a copy of the summons 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 2/7/19. {order served via regular mail on plaintiff}(nas, )
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| Notification to Superintendent of Filing - Provided Superintendent at Five Points Correctional Facility with notice of instant action and a copy of Plaintiff's #4 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rar, ) |
| Filing 6 Letter from Jones. (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 1/22/19. {text order served via regular mail on plaintiff}(nas, )
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| Filing 4 INMATE AUTHORIZATION FORM by David C. Jones. (nas, ) |
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Filing 3
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 signed Inmate Authorization Form. Signed by Senior Judge Thomas J. McAvoy on 1/14/19. {order and blank authorization form served on plaintiff}(nas, )
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by David C. Jones. (rar, ) (Main Document 2 replaced on 1/14/2019) (nas, ). |
| Filing 1 COMPLAINT against Abar, Baker (Sergeant, Ogdensburg Correctional Facility), Baker (Deputy of Security, Ogdensburg Correctional Facility), Department of Corrections and Community Supervision, Gausconi, Stephen Maher, A. Raven filed by David C. Jones. (Attachments: #1 envelope)(rar, ) |
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