Simon v. Susice et al

Plaintiff: Joseph Simon
Defendant: John Doe, R. Susice and P. McGrath
Case Number: 9:2019cv00132
Filed: February 1, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Gary L Sharpe
Referring Judge: Daniel J Stewart
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on March 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 18, 2019 Filing 9 NOTICE by Joseph Simon dated 3/4/19 that he is at Cape Vincent Correctional Facility. (nas, )
March 13, 2019 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)
March 13, 2019 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, )
March 13, 2019 Opinion or Order 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 )
March 12, 2019 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)
February 26, 2019 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)
February 8, 2019 Filing 4 Letter from Simon. Updated copy of docket sheet provided. (nas, )
February 1, 2019 Filing 3 INMATE AUTHORIZATION FORM by Joseph Simon. (nas)
February 1, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Joseph Simon. (nas, )
February 1, 2019 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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Plaintiff: Joseph Simon
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Defendant: John Doe
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Defendant: R. Susice
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Defendant: P. McGrath
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