Gibbs v. New York State Department of Correction and Community Supervision et al
| Bryant Gibbs |
| B. Mason, Jamie Lamanna, Anthony J. Annucci, New York State Department of Correction and Community Supervision, Michael Kirkpatrick, R. Isabella, Christopher L. Gadway, B. Abrams, T. Allen and John Doe |
| 9:2019cv00281 |
| March 1, 2019 |
| US District Court for the Northern District of New York |
| Daniel J Stewart |
| Glenn T Suddaby |
| 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 March 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 Summons Issued as to Christopher L. Gadway. (rar) |
| Copies of Summons, Complaint and 4/24/2019 Decision and Order mailed to the Office of the New York State Attorney General. (rar, ) |
Filing 7
DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. #4 ) is GRANTED. ORDERED that plaintiff's Eighth Amendment excessive force claim against defendant Gadway SURVIVES sua sponte review and requires a response. ORDERED that plaintiff's claims against the New York State Department of Corrections and Community Supervision and against the named defendants in their official capacity 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 the New York State Department of Corrections and Community Supervision, Annucci, Kirkpatrick, Lamanna, John Doe, Isabella, T. Allen, Abrams, and Mason are DISMISSED without prejudice as defendants. ORDERED that plaintiff's Motion for Counsel (Dkt. No. #4 ) is DENIED without prejudice. ORDERED that the Clerk shall issue a summons and forward it, along with a copy of the complaint, to the United States Marshal for service upon defendant Gadway. The Clerk shall forward a copy of the summons and complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. ORDERED that a response to the complaint be filed by defendant Gadway, or his counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Chief Judge Glenn T. Suddaby on 4/24/2019.(Decision and Order mailed to plaintiff by regular mail). (rar, )
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| Notification to Superintendent of Filing - Provided Superintendent at Five Points Correctional Facility with notice of instant action and a copy of Plaintiff's #5 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rar) |
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Filing 6
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 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 Chief Judge Glenn T. Suddaby on 3/18/2019. (Text Order mailed to plaintiff by regular mail). (rar, )
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| Filing 5 INMATE AUTHORIZATION FORM by Bryant Gibbs. (Attachments: #1 envelope)(rar, ) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Bryant Gibbs. (Attachments: #1 envelope) (rar, ) |
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Filing 3
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 and a signed Inmate Authorization Form. ORDERED that upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review. Signed by Chief Judge Glenn T. Suddaby on March 1, 2019. (Order, blank IFP form and Inmate Authorization form mailed to plaintiff by regular mail). (rar, )
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| Filing 2 MOTION to Appoint Counsel, MOTION for Leave to Proceed in forma pauperis filed by Bryant Gibbs. (Attachments: #1 Affidavit of Service) (rar) |
| Filing 1 COMPLAINT against B. Abrams, T. Allen, Anthony J. Annucci, John Doe, Christopher L. Gadway, R. Isabella, Michael Kirkpatrick, Jamie Lamanna, B. Mason, New York State Department of Correction and Community Supervision filed by Bryant Gibbs. (Attachments: #1 envelope) (rar) |
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