Rodgers v. Gumbus et al
| Prince Rodgers |
| Shelly Mallozzi, Anthony Annucci, Debra Gumbus, C. Zeldenrust, Darwin LaClaire, Bhandari, V. Barber, M.J. King, Ronald Foster, Kevin P. Bruen, S. Thompson and Department of Corrections and Community Supervision |
| 9:2019cv00419 |
| April 8, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Mae A D'Agostino |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 27, 2021. A more recent docket listing may be available from PACER.
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Filing 9
Prisoner Trust Fund Account Statement. (nas, )
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Filing 8
Summons Issued as to Anthony Annucci, V. Barber, Kevin P. Bruen, Ronald Foster, Debra Gumbus, M.J. King, Darwin LaClaire. (Attachments: #1 Barber, #2 Bruen, #3 Foster, #4 King, #5 Annucci, #6 LaClaire)(sal )
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Filing 7
DECISION AND ORDER that plaintiff's in forma pauperis application (Dkt. No. #5 ) is GRANTED. The Clerk is directed to provide the Superintendent of the facility, designated by Plaintiff as his current location, and the Financial Deputy of the Clerk's Office, with a copy of Plaintiff's inmate authorization form. Plaintiff's section 1983 claims for monetary damages against defendants in their official capacities and claims against DOCCS 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. 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) First Amendment access-to-court claims related to the November 2017, May 2018, and November 2018 suspensions; (2) Fourteenth Amendment due process claims; (3) claims related to the grievance process; and (4) claims related to violations of DOCCS' directives. 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) First Amendment access-to-court claims against Gumbus, LaClaire, Foster, and King; and (2) First Amendment retaliation claims against Gumbus and LaClaire; and it is further ORDERED that DOCCS, Bhandari, Zeldenrust, Thompson, and Mallozzi are DISMISSED as defendants herein. 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 Attorney General, together with a copy of this Decision and Order. A response to the Complaint must be filed by the remaining defendants, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by U.S. District Judge Mae A. D'Agostino on 6/10/2019. (Copy served upon plaintiff via regular mail). (sal )
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Notification to Superintendent of Filing - Provided Superintendent at Franklin Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (sal )
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Filing 6
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 U.S. District Judge Mae A. D'Agostino on 5/10/19. {text order served via regular mail on plaintiff}(nas)
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Filing 5
MOTION for Leave to Proceed in forma pauperis filed by Prince Rodgers. (Attachments: #1 cover letter, #2 envelope) (nas, )
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Filing 4
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 U.S. District Judge Mae A. D'Agostino on 4/9/2019. (Order and blank IFP application mailed to plaintiff by regular mail). (rar)
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| Filing 3 INMATE AUTHORIZATION FORM by Prince Rodgers. (rar, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Prince Rodgers. (rar, ) |
| Filing 1 COMPLAINT against Anthony Annucci, V. Barber, Bhandari, Kevin P. Bruen, Ronald Foster, Debra Gumbus, M.J. King, Darwin LaClaire, Shelly Mallozzi, S. Thompson, C. Zeldenrust filed by Prince Rodgers. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Affidavit of Service, #4 envelope) (rar) |
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