Lutz v. Cuomo et al
| Thomas A. Lutz |
| Hallenbeck, French, Donald Venettozzi, Phillips, Rockwood, Gates, Elizabeth O'Meara, Jeff McKoy, Jane Doe, Bonno, Demmon, Colgut, Guarin, John Doe 2, Hicks, Gonyea, Theriault, Gibson, Bateman, John Doe 3, Anthony Annucci, Quinn, Priscilla Ledbetter, Hooper, Beane, Roddy, Ault, Hull, Andrew M. Cuomo, Stephen Maher and John Doe 1 |
| 9:2019cv00262 |
| February 25, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Brenda K Sannes |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 5 NOTICE to plaintiff that 10 copies of his complaint and 10 USM-285 forms are required by 5/16/19 in order for the US Marshals to effect service on defendants. (nas, ) |
Filing 4
DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that the following claims are DISMISSED with 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: (1) claims pursuant to Section 1983 for monetary damages against any defendant in his or her official capacity; (2) Fourth Amendment claims related to cell searches; (3) claims related to violations of DOCCS' directives and regulations; and (4) HIPAA claims. ORDERED that the following 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: (1) Fourteenth Amendment due process claims; (2) Eighth Amendment deliberate medical indifference claims; (3) First Amendment retaliation claims related to November 14, 2018 cell search; (4) claims against Cuomo, Annucci, Maher, Quinn, Ault, Venettozzi, Ledbetter, McKoy, Rockwood, Hallenbeck, Phillips, Hooper, Gibson, Roddy, Bateman, Hull, Nurse Jane Doe, and Hicks; and (5) state law claims. ORDERED that the following claims survive the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and require a response: (1) Eighth Amendment excessive force claims against Gonyea, Bonno, Colgut, Gates, and John Doe #1, #2, and #3; (2) Eighth Amendment failure-to- protect claim against Beane; and (3) First Amendment retaliation claims against: (i) Guarin, Gonyea, and French related to the June 2018 cell search; (ii) Gonyea related to the use of force; (iii) Gonyea and Guarin related to harassment and threats; and (iv) Theriault, O'Meara, and Demmon related to the June 2018 disciplinary hearing. ORDERED that Cuomo, Annucci, Venettozzi, Ledbetter, McKoy, Maher, Quinn, Rockwood, Hallenbeck, Phillips, Hooper, Gibson, Roddy, Bateman, Hull, Nurse Jane Doe, Ault, and Hicks are DISMISSED as defendants herein. Service is directed. Signed by Judge Brenda K. Sannes on 4/12/19. (Attachments: #1 case law cited, #2 case law cited, #3 case law cited, #4 case law cited, #5 case law cited, #6 case law cited, #7 case law cited, #8 case law cited, #9 case law cited, #10 case law cited, #11 case law cited, #12 case law cited, #13 case law cited, #14 case law cited, #15 case law cited, #16 case law cited, #17 case law cited, #18 case law cited) {order served via regular mail on plaintiff}(nas, )
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| Notification to Superintendent of Filing - Provided Superintendent at Gouverneur Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rar, ) |
| Filing 3 INMATE AUTHORIZATION FORM by Thomas A. Lutz. (rar) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Thomas A. Lutz. (rar) |
| Filing 1 COMPLAINT against Anthony Annucci, Ault, Bateman, Beane, Bonno, Colgut, Andrew M. Cuomo, Demmon, Jane Doe, John Doe 1, John Doe 2, John Doe 3, French, Gates, Gibson, Gonyea, Guarin, Hallenbeck, Hicks, Hooper, Hull, Priscilla Ledbetter, Stephen Maher, Jeff McKoy, Elizabeth O'Meara, Phillips, Quinn, Rockwood, Roddy, Theriault, Donald Venettozzi filed by Thomas A. Lutz. (Attachments: #1 Civil Cover Sheet, #2 envelope) (rar) |
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