Phillips v. Doe A et al
| Marquis Phillips |
| John Doe #1, Robert Schramm, Troy Mitchell, John Doe Ouimette, John/Jane Doe B, John Doe Curtis, Jane Doe #1, Jane Doe #2, John Doe Clark, John Doe #2, John/Jane Doe A, John Doe Ryan, Jason Cashin and John Doe #3 |
| 9:2019cv00383 |
| April 1, 2019 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Thomas J McAvoy |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2021. A more recent docket listing may be available from PACER.
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Filing 18
Summons Returned Unexecuted as to Jason Cashin, John Doe Clark, John Doe Ryan. (nas, )
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Filing 17
BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $40.00. (rar)
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Filing 16
NOTICE of Appearance by Konstandinos D. Leris on behalf of John Doe Curtis (Attachments: #1 Declaration of Service)(Leris, Konstandinos)
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Filing 15
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to John Doe Curtis served on 5/20/2019, answer due 7/19/2019. Acknowledgment filed by John Doe Curtis. (Leris, Konstandinos) Modified on 7/9/2019 to reflect correct form (nas, ).
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Filing 14
Letter Motion from Marquis Phillips requesting an extension of time to identify the "Doe" defendants. (Attachments: #1 Exhibit(s), #2 affidavit of service, #3 envelope)(nas, )
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Filing 13
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Troy Mitchell served on 5/20/2019, answer due 7/19/2019. Acknowledgment filed by Troy Mitchell. (Leris, Konstandinos)
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Filing 12
NOTICE of Appearance by Konstandinos D. Leris on behalf of Troy Mitchell (Attachments: #1 Declaration of Service)(Leris, Konstandinos)
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Filing 11
Summons Issued as to Jason Cashin, John Doe Clark, John Doe Curtis, Troy Mitchell, John Doe Ryan. {copy of summons; order and complaint served on the Office of the Attorney General}(nas, )
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Filing 10
DECISION AND ORDER: ORDERED that Plaintiff's in forma pauperis application (Dkt. No. #6 ) is GRANTED. ORDERED that Plaintiff's claims for money damages pursuant to Section 1983 against 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). 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) claims against Lt./Capt. Doe A; (2) Eighth Amendment deliberate medical indifference claims against Nurse Doe #1, Nurse Doe #2, and Officer Doe #2; (3) Fourteenth Amendment due process claim against Ouimette; and (4) retaliation claims. ORDERED that the following claims survive the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and requires a response: (1) Eighth Amendment failure-to-protect claims against Lt./Sgt. Doe B and Officer Doe #1; and (2) Eighth Amendment excessive force, sexual assault, and failure-to- intervene claims against Mitchell, Ryan, Clark, Curtis, and Officer Doe #3. ORDERED that Lt./Capt. Doe A, Cashin, Nurse Doe #1, Nurse Doe #2, Officer Doe #2, Schramm, and Ouimette are DISMISSED as defendants herein. ORDERED that Plaintiff's motion for the appointment of counsel (Dkt. No. #4 ) is DENIED without prejudice. Service is directed. Signed by Senior Judge Thomas J. McAvoy on 5/17/19. {order served via regular mail on plaintiff(nas)
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Notification to Superintendent of Filing - Provided Superintendent at Green Haven Correctional Facility with notice of instant action and a copy of Plaintiff's #8 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, )
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Filing 9
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 s/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 Senior Judge Thomas J. McAvoy on 4/29/19. {text order served via regular mail on plaintiff}(nas)
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Filing 8
INMATE AUTHORIZATION FORM by Marquis Phillips. (nas )
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Filing 7
Prisoner Trust Fund Account Statement by Marquis Phillips. (nas, )
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Filing 6
MOTION for Leave to Proceed in forma pauperis filed by Marquis Phillips. (Attachments: #1 cover letter, #2 envelope)(nas )
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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. Signed by Senior Judge Thomas J. McAvoy on 4/3/19. {order and blank ifp form served via regular mail on plaintiff}(nas)
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| Filing 4 MOTION to Appoint Counsel filed by Marquis Phillips. (Attachments: #1 Exhibit(s)) (rar, ) |
| Filing 3 INMATE AUTHORIZATION FORM by Marquis Phillips. (Attachments: #1 Exhibit(s)) (rar, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Marquis Phillips. (Attachments: #1 Affidavit in Support) (rar, ) |
| Filing 1 COMPLAINT against Jason Cashin, John Doe Clark, John Doe Curtis, Jane Doe #1, John Doe #1, Jane Doe #2, John Doe #2, John Doe #3, John/Jane Doe A, John/Jane Doe B, Troy Mitchell, John Doe Ouimette, John Doe Ryan, Robert Schramm filed by Marquis Phillips. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet, #3 envelope)(rar, ) |
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