Anselmo v. Kirkpatrick et al

Plaintiff:	Alex Anselmo
Defendant:	Keysor, Gregory Cassidy, John McIntyre, Conrad Lavarnway, Theodore Zerniak, Michael Kirkpatrick, Edward Bressette, Ronald Wood, A. Aubin, Dustin Bell and Jody Boulrice
Case Number:	9:2019cv00350
Filed:	March 20, 2019
Court:	US District Court for the Northern District of New York
Presiding Judge:	Miroslav Lovric
Referring Judge:	Thomas J McAvoy
2 Judge:	David E Peebles
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	Both

Docket Report

This docket was last retrieved on July 11, 2019. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 11, 2019	Filing 20 Affidavit of service of mandatory disclosures served submitted by Anselmo. (nas, )
July 1, 2019	Filing 19 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Miroslav Lovric for all further proceedings. Magistrate Judge David E. Peebles no longer assigned to case. Signed by Magistrate Judge Miroslav Lovric on 7/1/2019. (Copy served via regular mail)(jdp, )
June 28, 2019	Filing 18 MANDATORY PRETRIAL DISCOVERY AND SCHEDULING ORDER: Amended Pleadings due by 10/29/2019. Discovery due by 12/28/2019. Joinder of Parties due by 10/29/2019. Dispositive Motions to be filed by 2/28/2020. Signed by Magistrate Judge David E. Peebles on 6/28/19. {order served via regular mail on plaintiff}(nas)
June 28, 2019	Filing 17 ANSWER to #7 Amended Complaint by Dustin Bell, Jody Boulrice, Edward Bressette, Gregory Cassidy, Conrad Lavarnway, John McIntyre. (Attachments: #1 Declaration of Service)(White, Richard)
May 23, 2019	Filing 16 TEXT ORDER: On 5/16/19 the Court stayed the answer deadline for Defendants McIntyre, Lavarnway, Cassidy, and Boulrice pending service on defendants Bressette and Bell. Service has been effected on these defendants (see Dkt. Nos. 10 and 14). The stay of the deadline to respond to the amended complaint is lifted; and the deadline for all defendants to respond to the amended complaint is reset to June 28, 2019. Authorized by Senior Judge Thomas J. McAvoy on 5/23/19. {text order served via regular mail on plaintiff}(nas, )
May 20, 2019	Filing 15 NOTICE of Appearance by Richard C. White on behalf of Edward Bressette (Attachments: #1 Declaration of Service)(White, Richard)
May 20, 2019	Filing 14 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Edward Bressette served on 4/12/2019, answer due 6/11/2019. Acknowledgment filed by Edward Bressette. (White, Richard)
May 16, 2019	Filing 13 Summons Issued as to Edward Bressette. (rar)
May 16, 2019	Filing 12 DECISION AND ORDER: ORDERED that the following claims SURVIVE sua sponte review and require a response: (1) plaintiff's Eighth Amendment excessive force and failure-to-protect claims against defendants Bressette, Lavarnway, McIntyre, Boulrice, Cassidy, and Bell; and (2) plaintiff's Fourteenth Amendment equal protection claims against defendants Bressette, Lavarnway, McIntyre, Boulrice, Cassidy, and Bell. ORDERED that all remaining 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. ORDERED that the Clerk shall issue summonses and forward them, along with copies of the amended complaint, to the United States Marshal for service upon defendants Bressette and Bell. ORDERED that the deadline for defendants McIntyre, Lavarnway, Cassidy, and Boulrice to respond to the amended complaint is STAYED pending the completion of service on defendants Bressette and Bell. Upon the completion of service on defendants Bressette and Bell, all of the remaining defendants must respond to the amended complaint in accordance with the Federal Rules of Civil Procedure. Signed by Senior Judge Thomas J. McAvoy on 5/16/2019. (Decision and Order mailed to plaintiff via regular mail). (rar)
May 15, 2019	Filing 11 NOTICE of Appearance by Richard C. White on behalf of Dustin Bell (Attachments: #1 Declaration of Service)(White, Richard)
May 15, 2019	Filing 10 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Dustin Bell served on 4/12/2019, answer due 6/11/2019. Acknowledgment filed by Dustin Bell. (White, Richard)
May 8, 2019	Filing 9 NOTICE of Appearance by Richard C. White on behalf of Jody Boulrice, Gregory Cassidy, Conrad Lavarnway, John McIntyre (Attachments: #1 Declaration of Service)(White, Richard)
May 8, 2019	Filing 8 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to John McIntyre served on 4/12/2019, answer due 6/11/2019; Conrad Lavarnway served on 4/12/2019, answer due 6/11/2019; Gregory Cassidy served on 4/12/2019, answer due 6/11/2019; Jody Boulrice served on 4/12/2019, answer due 6/11/2019. Acknowledgment filed by John McIntyre; Conrad Lavarnway; Gregory Cassidy; Jody Boulrice. (White, Richard)
April 22, 2019	Filing 7 AMENDED COMPLAINT filed by Alex Anselmo. (Attachments: #1 Exhibit(s), #2 Notice of Motion to Amend Complaint, #3 Verification, #4 letter, #5 envelope) (rar)
April 10, 2019	Filing 6 Summons Issued as to Dustin Bell, Jody Boulrice, Edward Bressette, Gregory Cassidy, Conrad Lavarnway, John McIntyre.Copy of Summons, Decision and Order and Complaint served on the Office of the Attorney General. (rar, )
April 10, 2019	Filing 5 DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. #2 ) is GRANTED. ORDERED that the following claims SURVIVE sua sponte review and require a response: (1) plaintiff's Eighth Amendment claims against defendants Bressette, Lavarnway, McIntyre, Boulrice, Cassidy, and Bell; and (2) plaintiff's Fourteenth Amendment equal protection claims against defendants Bressette, Lavarnway, McIntyre, Boulrice, Cassidy, and Bell. ORDERED that plaintiff's Section 1983 claims for monetary relief 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) for failure to state a claim upon which relief may be granted. 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 Aubin, Wood, Kirkpatrick, Zerniak, and Keysor are DISMISSED without prejudice as defendants for the reasons set forth above. ORDERED that plaintiff's Motion for Counsel (Dkt. No. #4 ) is DENIED without prejudice to renew at some future time for the reasons stated above. ORDERED that, upon receipt from plaintiff of the documents required for service, the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon the defendants Bressette, Lavarnway, McIntyre, Boulrice, Cassidy, and Bell. 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 the defendants Bressette, Lavarnway, McIntyre, Boulrice, Cassidy, and Bell, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Thomas J. McAvoy on 4/10/2019. (Decision and Order mailed to plaintiff by regular mail). (rar)
April 10, 2019	Notification to Superintendent of Filing - Provided Superintendent at Upstate Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rar, )
March 20, 2019	Filing 4 MOTION to Appoint Counsel filed by Alex Anselmo.(rar, )
March 20, 2019	Filing 3 INMATE AUTHORIZATION FORM by Alex Anselmo. (rar, )
March 20, 2019	Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Alex Anselmo. (rar, )
March 20, 2019	Filing 1 COMPLAINT against A. Aubin, Dustin Bell, Jody Boulrice, Edward Bressette, Gregory Cassidy, Keysor, Michael Kirkpatrick, Conrad Lavarnway, John McIntyre, Ronald Wood, Theodore Zerniak filed by Alex Anselmo. (Attachments: #1 Civil Cover Sheet, #2 cover letter, #3 envelope) (rar, )

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Defendant: Keysor
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Defendant: Gregory Cassidy
Represented By:	Richard C. White
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Defendant: John McIntyre
Represented By:	Richard C. White
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Defendant: Conrad Lavarnway
Represented By:	Richard C. White
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Defendant: Theodore Zerniak
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Defendant: Michael Kirkpatrick
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Defendant: Edward Bressette
Represented By:	Richard C. White
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Defendant: Ronald Wood
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Defendant: A. Aubin
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Defendant: Dustin Bell
Represented By:	Richard C. White
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Defendant: Jody Boulrice
Represented By:	Richard C. White
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Plaintiff: Alex Anselmo
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