Livingston v. Hoffnagle et al
Richard H. Livingston |
William Hoffnagle, Dustin Hollenbeck and Chris King |
9:2019cv00353 |
March 21, 2019 |
US District Court for the Northern District of New York |
Christian F Hummel |
Gary L Sharpe |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.
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Filing 11 TEXT ORDER granting #10 Letter Request, William Hoffnagle answer due 8/12/2019; Dustin Hollenbeck answer due 8/12/2019; Chris King answer due 8/12/2019. Authorized by Magistrate Judge Christian F. Hummel on 6/14/19. {text order served via regular mail on plaintiff}(nas) |
Filing 10 Letter Motion from Christopher J. Hummel for William Hoffnagle, Dustin Hollenbeck, Chris King requesting an extension of time to August 12, 2019 within which to serve a response submitted to Judge Hummel . (Hummel, Christopher) |
Filing 9 BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $24.00. (rar, ) |
Filing 8 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Dustin Hollenbeck served on 4/18/2019, answer due 6/17/2019. (rar, ) |
Filing 7 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Chris King served on 4/18/2019, answer due 6/17/2019. (rar, ) |
Filing 6 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to William Hoffnagle served on 4/18/2019, answer due 6/17/2019. (rar, ) |
Filing 5 Summons Issued as to William Hoffnagle, Dustin Hollenbeck, Chris King. {copy of summons; order and complaint served on the Office of the Attorney General)(nas ) |
Notification to Superintendent of Filing - Provided Superintendent at Great Meadow Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
Filing 4 DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that the following claims SURVIVE sua sponte review and require a response: (1) plaintiff's Eighth Amendment excessive force claim; (2) plaintiff's Eighth Amendment failure-to-protect claim; (3) plaintiff's Eighth Amendment conditions-of-confinement claim; (4) plaintiff's First Amendment retaliation claim; and (5) plaintiff's dependent Section 1983 conspiracy and supervisory liability claims. 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 the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon defendants. 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. Signed by Senior Judge Gary L. Sharpe on 4/9/19. {order served via regular mail on plaintiff}(nas ) |
Filing 3 INMATE AUTHORIZATION FORM by Richard H. Livingston. (rar) |
Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Richard H. Livingston. (rar) |
Filing 1 COMPLAINT against William Hoffnagle, Dustin Hollenbeck, Chris King filed by Richard H. Livingston. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet, #3 envelope) (rar) |
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