Simon v. Susice et al
| Joseph Simon |
| John Doe, R. Susice and P. McGrath |
| 9:2019cv00132 |
| February 1, 2019 |
| US District Court for the Northern District of New York |
| Gary L Sharpe |
| Daniel J Stewart |
| 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 September 21, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 9 NOTICE by Joseph Simon dated 3/4/19 that he is at Cape Vincent Correctional Facility. (nas, ) |
| Filing 8 Summons Issued as to P. McGrath, R. Susice. {copy of order; summons and complaint served on the Office of the Attorney General}(nas, ) |
Filing 7
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 SURVIVE initial review: (1) First Amendment religious exercise asserted against defendants Susice and McGrath; (2) First Amendment retaliation asserted against defendants Susice and McGrath; and (3) Section 1983 conspiracy to violate plaintiff's First Amendment rights asserted against defendants Susice and McGrath, ORDERED that following claims 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): (1) verbal harassment asserted against defendants Susice, McGrath, and Doe; and (2) false inmate misbehavior reports asserted against defendants Susice and McGrath. ORDERED that any claims asserted against defendants Susice, McGrath, and Doe seeking injunctive relief are DISMISSED with prejudice in light of plaintiff's transfer to a different prison facility. ORDERED that the Clerk TERMINATE from the docket defendant John Doe in light of the fact that all claims asserted against that defendant are dismissed. Service is directed. Signed by Senior Judge Gary L. Sharpe on 3/13/19. {order served via regular mail on plaintiff}(nas )
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| Notification to Superintendent of Filing - Provided Superintendent at Cape Vincent Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rar) |
| Filing 6 NOTICE of Change of Address by Joseph Simon. Effective Date 3/9/2019. Old Address: Gouverneur Correctional Facility; New Address: Cape Vincent Correctional Facility. (Court provided plaintiff with 4 copies of Notice of Change of Address form per his request). (rar) |
| Filing 5 NOTICE of Change of Address by Joseph Simon. Effective Date 2/23/2019. Old Address: Bare Hill Correctional Facility; New Address: Gouverneur Correctional Facility. Plaintiff was also provided with 3 copies of a Change of Address form per his request. (rar) |
| Filing 4 Letter from Simon. Updated copy of docket sheet provided. (nas, ) |
| Filing 3 INMATE AUTHORIZATION FORM by Joseph Simon. (nas) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Joseph Simon. (nas, ) |
| Filing 1 COMPLAINT against John Doe, P. McGrath, R. Susice filed by Joseph Simon. (Attachments: #1 cover letter; civil cover sheet, #2 envelope)(nas, ) |
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