Livingston v. Hoffnagle et al
Plaintiff: Richard H. Livingston
Defendant: William Hoffnagle, Dustin Hollenbeck and Chris King
Case Number: 9:2019cv00353
Filed: March 21, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Christian F Hummel
Referring Judge: Gary L Sharpe
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 14, 2019 Opinion or Order 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)
June 14, 2019 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)
May 31, 2019 Filing 9 BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $24.00. (rar, )
May 30, 2019 Filing 8 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Dustin Hollenbeck served on 4/18/2019, answer due 6/17/2019. (rar, )
May 30, 2019 Filing 7 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Chris King served on 4/18/2019, answer due 6/17/2019. (rar, )
May 30, 2019 Filing 6 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to William Hoffnagle served on 4/18/2019, answer due 6/17/2019. (rar, )
April 17, 2019 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 )
April 10, 2019 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, )
April 9, 2019 Opinion or Order 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 )
March 21, 2019 Filing 3 INMATE AUTHORIZATION FORM by Richard H. Livingston. (rar)
March 21, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Richard H. Livingston. (rar)
March 21, 2019 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)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Livingston v. Hoffnagle et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Richard H. Livingston
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: William Hoffnagle
Represented By: Christopher J. Hummel
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Dustin Hollenbeck
Represented By: Christopher J. Hummel
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Chris King
Represented By: Christopher J. Hummel
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?