Nova v. Smith et al
Plaintiff: Julio Nova
Defendant: Randal Smith, Paul Woodruff and Jamie Willett
Case Number: 9:2019cv00072
Filed: January 22, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: Glenn T Suddaby
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2019 Opinion or Order Filing 11 CERTIFICATE OF SERVICE by Randal Smith, Jamie Willett re #10 Notice of Appearance (Moore, John)
March 21, 2019 Opinion or Order Filing 10 NOTICE of Appearance by John F. Moore on behalf of All Defendants (Moore, John)
March 21, 2019 Opinion or Order Filing 9 Letter Motion from Julio Nova requesting to submit an amended complaint. (Attachments: #1 Affidavit)(nas, )
March 20, 2019 Opinion or Order Filing 8 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Randal Smith served on 2/28/2019, answer due 4/29/2019; Jamie Willett served on 2/28/2019, answer due 4/29/2019. (nas, )
March 20, 2019 Opinion or Order Filing 7 AMENDED COMPLAINT filed by Julio Nova. (Attachments: #1 Exhibit(s), #2 affidavit of service, #3 envelope)(nas, )
March 13, 2019 Opinion or Order Filing 6 MOTION for Reconsideration of #4 Order filed by Julio Nova. (Attachments: #1 Affidavit, #2 affidavit of service, #3 cover letter, #4 envelope) (nas, )
February 27, 2019 Opinion or Order Filing 5 Summons Issued as to Randal Smith, Jamie Willett. {copy of summons; order and complaint served on the Office of the Attorney General}(nas, )
February 27, 2019 Opinion or Order Filing 4 DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. 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) Eighth Amendment excessive force and failure to intervene claims asserted against defendants Willett and Smith; (2) Fourteenth Amendment equal protection claim asserted against defendant Willett; and (3) Section 1981 claim asserted against defendant Willett. ORDERED that the following claims are DISMISSED without prejudice: (1) Section 1985 claims asserted against defendants Willett, Smith, and Woodruff; (2) Fourteenth Amendment equal protection claims asserted against defendants Smith and Woodruff; (3) Section 1981 claims asserted against defendants Smith and Woodruff; and (4) failure to train/supervisor liability claims asserted against defendants Smith and Woodruff. 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 and Willett. 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 Chief Judge Glenn T. Suddaby on 2/27/19. {order served via regular mail on plaintiff}(nas, )
February 27, 2019 Opinion or Order Notification to Superintendent of Filing - Provided Superintendent at Upstate Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified.(rar)
January 22, 2019 Opinion or Order Filing 3 INMATE AUTHORIZATION FORM by Julio Nova. (nas, )
January 22, 2019 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Julio Nova. (nas, )
January 22, 2019 Opinion or Order Filing 1 COMPLAINT against Randal Smith, Jamie Willett, Paul Woodruff filed by Julio Nova. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet, #3 cover letter, #4 envelope)(nas, )

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Defendant: Randal Smith
Represented By: John F. Moore
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Defendant: Paul Woodruff
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Defendant: Jamie Willett
Represented By: John F. Moore
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Plaintiff: Julio Nova
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