Little v. Soulia et al
| Charles Little, Clifton Little and Clifton X |
| J. LaPorte, Trevar A. Soulia, John Doe #5, C. Gregory, John Doe #4, John Doe #1, B. Mason, John Doe #3, John Doe #2, E. Taft, M. Kirkpatrick, K. Denny, Sergeant John Doe, Nurse John Doe, Corrections Officer John Doe #2, Corrections Officer John Doe #3 and Lower F-Block John Does |
| 9:2019cv00263 |
| February 25, 2019 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Thomas J McAvoy |
| 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 October 4, 2021. A more recent docket listing may be available from PACER.
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Filing 9
DECISION AND ORDER: ORDERED that #6 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that the Clerk shall revise the docket to identify the "Doe" defendants as follows: (1) Corrections Officer John Doe #1, involved in a use-of-force incident with plaintiff on 5/29/17; (2) Corrections Officer John Doe #2, working the 3-11 p.m. tour of duty in D-Block at Clinton Correctional Facility as the 1st man/A man on 5/29/17; (3) Corrections Officer John Doe #3, working on 2 company of B-Block on 4/12/18 during the 7-3 p.m. tour of duty; (4) Nurse John Doe, working the 7-3 p.m. tour of duty on 5/26/17 on the 1st Floor of Clinton Correctional Facility hospital/clinic; (5) Sergeant John Doe, working the 7-3 p.m. tour of duty on 7/27/17 as the investigating sgt. for grievance No. CL-71597-17 appeal; and (6) Lower F-Block John Does, working the 7-3 p.m. tours of duty in Lower F Block at Clinton Correctional Facility as the 1st man/A man from April 7-24, 2017. ORDERED that all claims for monetary damages against the defendants in their official capacities are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b). ORDERED that the following claims SURVIVE sua sponte review and require a response: (1) plaintiff's free exercise claims against defendants Mason and C.O. John Doe #3; (2) plaintiff's retaliation claim against defendant C.O. John Doe #3; (3) plaintiff's conditions-of-confinement claim against defendant Mason; (4) plaintiff's excessive force and failure-to-intervene claims against defendants Mason, C.O. John Doe #1, Soulia, Taft, and Denny; and (5) plaintiff's medical indifference claims against defendants nurse John Doe, Mason, C.O. John Doe #1, Soulia, Taft, and Denny. 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 LaPorte, Kirkpatrick, Nurse John Doe, Sergeant John Doe, C.O. John Doe #2, the Lower F-Block John Does, and Gregory are DISMISSED without prejudice as defendants. 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 Mason, Soulia, Taft, and Denny. Signed by Senior Judge Thomas J. McAvoy on 4/17/19. {order served via regular mail on plaintiff}(nas, )
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Notification to Superintendent of Filing - Provided Superintendent at Washington Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, )
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Filing 8
NOTICE of Change of Address by Charles Little. Effective Date 4/9/19. Old Address: Fishkill Correctional Facility; New Address: Washington Correctional Facility.Plaintiff is also requesting a copy of the docket sheet and a copy of the Complaint. (Clerk is providing plaintiff a copy of the docket sheet and a copy of the Complaint per his request by regular mail). (rar)
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Filing 7
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Senior Judge Thomas J. McAvoy on 3/14/19. {text order served via regular mail on plaintiff}(nas, )
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Filing 6
MOTION for Leave to Proceed in forma pauperis filed by Charles Little. (Attachments: #1 account statement, #2 cover letter) (nas, )
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Plaintiff's address updated to reflect Fishkill C.F. as noted in submission of IFP form and confirmed via DOCCS Inmate Locator. (nas, )
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Filing 5
LETTER/NOTICE from NYS DOCCS regarding Charles Little advising that he is temporarily absent from Wallkill Correctional Facility, and may not return in the immediate future. (sal )
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. ORDERED that plaintiff's IFP Application is DENIED as incomplete. ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if plaintiff desires to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either (1) pay the full $400.00 filing fee for civil actions or (2) submit a completed and signed IFP Application that has been certified by an appropriate official at his facility. ORDERED that upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review. Signed by Senior Judge Thomas J. McAvoy on 2/26/2019. (Order and blank IFP form mailed to plaintiff by regular mail). (rar)
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Filing 3
INMATE AUTHORIZATION FORM by Charles Little. (rar )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Charles Little.(rar)
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Filing 1
COMPLAINT against K. Denny, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, C. Gregory, M. Kirkpatrick, J. LaPorte, B. Mason, Trevar A. Soulia, E. Taft filed by Charles Little. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet, #3 envelope) (rar)
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