Cepeda v. Apple, Sr. et al
Julian Cepeda |
Craig D. Apple, Sr., John Doe #4, John Doe #1, New York State, New York State Commission of Corrections, John Doe #3 and John Doe #2 |
9:2019cv00204 |
February 14, 2019 |
US District Court for the Northern District of New York |
Thomas J McAvoy |
David E Peebles |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on May 30, 2019. A more recent docket listing may be available from PACER.
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Filing 10 Mail Returned as Undeliverable. re: 9 Text Order sent to Cepeda. Address sent to Downstate Correctional Facility. Envelope read "Return to Sender. Released." (rar, ) |
Filing 9 TEXT ORDER: The Court's #5 Decision and Order filed March 7, 2019, was sent to plaintiff at Downstate Correctional Facility, his last known address, and the address currently listed on the Docket Report for this action. The mail was returned as undeliverable, with the following notation on the envelope: "released 3/12/2019." See Dkt. No. 6. A search of the Inmate Information Database maintained by the New York State Department of Corrections and Community Supervision, using plaintiff's Department ID Number (19-A-0668), confirms that the plaintiff was discharged from DOCCS' custody on 3/12/19. See N.Y.S. DOCS Inmate Population Information Search website at http://nysdoccslookup.doccs.ny.gov (last visited April 4, 2019). Under this court's rules, an unrepresented litigant is under a duty to inform the court of any address changes IN WRITING. See N.D.N.Y.L.R. 10.1(c)(2). For the orderly disposition of cases, it is essential that litigants honor their continuing obligation to keep the court informed of address changes. Consequently, plaintiff is advised that he must file a change of address within THIRTY DAYS, and he must continue to submit any address changes to the court as long as his action is pending. "Failure to notify the Court of a change of address in accordance with L.R. 10.1(c)(2) may result in the dismissal of any pending action." N.D.N.Y. L.R. 41.2(b). The Clerk shall serve a copy of this Order and a Change of Address form on plaintiff at his last known address by regular mail. Authorized by Senior Judge Thomas J. McAvoy on 4/4/19. {text order and change of address form served via regular mail on plaintiff}(nas, ) |
Filing 8 AFFIDAVIT re #7 LETTER BRIEF Certificate of Service by John Doe #1, John Doe #2, John Doe #3, John Doe #4. (Liguori, John) |
Filing 7 LETTER BRIEF by John Doe #1, John Doe #2, John Doe #3, John Doe #4. (Liguori, John) |
Filing 6 Mail Returned as Undeliverable re: #5 Decision and Order sent to Cepeda. Address sent to Downstate Correctional Facility. Envelope read "released 3/12/2019)" (rar, ) |
Filing 5 DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's Eighth Amendment excessive force claims asserted against defendants John Doe #1, John Doe #2, John Doe #3, and John Doe #4 SURVIVE sua sponte review and require a response. ORDERED that plaintiff's claims against New York State and the New York State Commission of Correction 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 New York State, New York State Commission of Correction, and Apple are DISMISSED as defendants for the reasons set forth above. ORDERED that the Clerk shall send a copy of the complaint and this Decision and Order to the Albany County Attorney's Office. To the extent possible, the Albany County Attorney's Office is hereby requested to produce the information specified above regarding the identities of the Doe defendants within thirty (30) days of the filing date of this Decision and Order. Upon receipt of a response from the Albany County Attorney's Office, as directed above, the Clerk shall return this file to the Court for further review. Signed by Senior Judge Thomas J. McAvoy on 3/7/19. {order served as directed}(nas) |
Notification to Superintendent of Filing - Provided Superntendent at Downstate Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
Filing 4 NOTICE of Change of Address by Julian Cepeda Effective Date 2/21/19 Old Address: Albany County Correctional Facility New Address: Downstate Correctional Facility (nas, ) |
Filing 3 INMATE AUTHORIZATION FORM by Julian Cepeda. (rar, ) |
Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Julian Cepeda. (rar, ) |
Filing 1 COMPLAINT against Craig D. Apple, Sr., John Doe #1, John Doe #2, John Doe #3, John Doe #4, New York State, New York State Commission of Corrections filed by Julian Cepeda. (Attachments: #1 Civil Cover Sheet, #2 envelope) (rar, ) |
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