Dayter v. Fallon et al
| Nicholas Dayter |
| Sergeant McNally, Albany County District Attorney's Office, Officer Dave, Ariel Fallon, Mark L. and CMC Medical Unit |
| 9:2019cv00301 |
| March 5, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 12 NOTICE of Appearance by Michael L. Goldstein on behalf of Ariel Fallon, Sergeant McNally (Goldstein, Michael) |
| Filing 11 Summons Issued as to Ariel Fallon, Sergeant McNally. (Copy of the Summonses, Complaint and Decision and Order dated 4/22/2019 mailed to the Office of the County Attorney for Albany County). (rar, ) |
Filing 10
DECISION AND ORDER: ORDERED, that Plaintiff's IFP Application (Dkt. No. #6 ) is GRANTED. ORDERED, that Plaintiff's 1983 claims against Albany County Correctional Facility Medical Staff and the Albany County District Attorney's Office 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. 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) the claims against Albany County; (2) the procedural due process claims; (3) the equal protection claims; and (4) the retaliation claims. ORDERED, that the following claims survive initial review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and require a response: (1) Fourteenth Amendment excessive force and failure-to-protect claims against Assistant District Attorney Ariel Fallon, Correctional Officers Dave and Mark L, and Sergeant McNally; and (2) Fourteenth Amendment claims against Dave, Mark L., and McNally related to Plaintiff's conditions of confinement and deliberate medical indifference. ORDERED, that the Clerk shall issue summonses and forward them, along with copies of the Complaint, to the United States Marshal for service upon the remaining defendants. The Clerk shall forward a copy of the summonses and Complaint to the Office of the County Attorney for Albany County, together with a copy of this Decision and Order. ORDERED, that Plaintiff shall take reasonable steps through discovery to ascertain the identities of C.O. Dave and C.O. Mark L. Plaintiff's failure to timely serve those defendants will result in dismissal of the claims asserted against them and termination of those defendants from the action. ORDERED, that Plaintiff's Motion for a Preliminary Injunction (Dkt. No. #4 ) is DENIED. Signed by Senior Judge Lawrence E. Kahn on 4/22/2019. (Copy of Decision and Order mailed to plaintiff by regular mail). (rar, ) Modified on 4/23/2019 (nas, ).
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| Notification to Superintendent of Filing - Provided Superintendent at Mohawk Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rar, ) |
| Filing 9 Letter from Dayter inquiring as to status. (nas, ) |
| Filing 8 Letter from Dayter in support of #4 Motion for preliminary injunction. (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 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. Signed by Senior Judge Lawrence E. Kahn on 3/15/19. (Text Notice mailed to plaintiff by regular mail). (rar, )
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| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Nicholas Dayter. (Attachments: #1 cover letter, #2 envelope) (Clerk redacted minor children's names in IFP Application). (rar, ) (Additional attachment(s) added on 3/15/2019: #3 letter) (rar, ). |
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Filing 5
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 Lawrence E. Kahn on 3/6/2019. (Order and blank IFP Application mailed to plaintiff by regular mail). (rar)
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| Filing 4 MOTION for Preliminary Injunction and Temporary Restraining Order filed by Nicholas Dayter. (Attachments: #1 Affidavit of Dayter, #2 Affidavit of Massey, #3 cover letter, #4 envelope) (rar) |
| Filing 3 INMATE AUTHORIZATION FORM by Nicholas Dayter. (rar) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Nicholas Dayter. (rar) (Main Document 2 replaced on 3/6/2019) (rar, ). IFP was replaced with a redacted version of IFP. |
| Filing 1 COMPLAINT against Albany County District Attorney's Office, CMC Medical Unit, Officer Dave, Ariel Fallon, Mark L., Sergeant McNally filed by Nicholas Dayter. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 envelope) (rar) |
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