Bradshaw v. Uhler et al
| Jay Bradshaw |
| P. Woodruff, Welch, Jeffries, Trombley, R. St. Mary, Lincoln, John Doe 6, John Doe 3, Fletcher, John Doe 2, John Doe 5, Donald G. Uhler, N. Locke, John Doe 4, John Doe 1, Healy and Gallagher |
| 9:2019cv00428 |
| April 10, 2019 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 25, 2024. A more recent docket listing may be available from PACER.
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Filing 16
TEXT ORDER RE: #15 Letter Request. Plaintiff is granted an extension of time until 8/19/19 to submit his eleven copies of the complaint and eleven signed USM-285 forms in order for the US Marshals to effect service on defendants. Authorized by Judge Brenda K. Sannes on 7/10/19. {text order served via regular mail on plaintiff}(nas)
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Filing 15
Letter Motion from Jay Bradshaw requesting an extension of time to submit copies for service. (nas, )
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Filing 14
TEXT ORDER granting #13 Letter Request. Plaintiff is granted an extension of time until 7/17/19 to submit his eleven copies of the complaint and eleven signed USM-285 forms in order for the US Marshals to effect service on defendants. Authorized by Judge Brenda K. Sannes on 5/29/19. {text order; copy of docket sheet; order of 5/9/19; copy of complaint and 11 blank USM-285 forms served on plaintiff}(nas, )
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Filing 13
NOTICE OF CHANGE OF ADDRESS FROM UPSTATE CORRECTIONAL FACILITY TO MID-STATE CORRECTIONAL FACILITY and letter requesting an extension of time, copies of documents and docket sheet. (nas, )
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Filing 12
DECISION AND ORDER that plaintiff's motion for appointment of counsel (Dkt. No. #9 ) is DENIED without prejudice to renew at some future time for the reasons stated above; and it is further ORDERED that plaintiff's Motion for Reconsideration (Dkt. No. #11 ) is DENIED. Signed by District Judge Brenda K. Sannes on 5/28/2019. (Copy served upon plaintiff via regular mail). (sal )
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Filing 11
MOTION for Reconsideration re #8 Decision and Order filed by Jay Bradshaw. (Attachments: #1 Affidavit, #2 letter, #3 envelope) (rar)
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Filing 10
NOTICE to plaintiff that eleven (11) copies of the complaint and eleven (11) USM forms are required by 6/17/2019 for the USMS to effectuate service upon each of the named defendants. (Served plaintiff as directed). (sal )
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Filing 9
Letter Motion from Bradshaw requesting counsel. (rar, )
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Filing 8
DECISION AND ORDER that plaintiff's application for leave to proceed IFP (Dkt. No. #6 ) is GRANTED in accordance with 28 U.S.C. 1915(g) because plaintiff has made a preliminary showing that he is entitled to the "imminent danger" exception; that the Clerk provide the Superintendent of the facility designated by plaintiff as his current location with a copy of plaintiff's inmate authorization form (Dkt. No. #3 ) and that plaintiff is required to pay to the Northern District of New York the statutory filing fee of $350 in installments, over time, pursuant to 28 U.S.C. 1915; that the Clerk shall amend the docket to add "Gallagher" as a defendant; that the following claims survive initial review and require a response: (1) plaintiff's First Amendment retaliation claim against defendant Fletcher; (2) plaintiff's Eighth Amendment excessive force and failure-to-intervene claims against defendants Welch and Gallagher; and (3) plaintiff's Eighth Amendment failure-to-protect claims against defendants Locke, C.O. John Doe #1, C.O. John Doe #2, C.O. John Doe #3, C.O. John Doe #4, C.O. John Doe #5, C.O. John Doe #6, Lincoln, Fletcher, Sergeant John Doe #1, Sergeant John Doe #3, Trombley, St. Mary, Healy, Jeffries, Welch, and Woodruff; that that plaintiff's Section 1983 claims for money damages against the named 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) as barred by the Eleventh Amendment; that 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; that the Clerk terminate Corrections Sergeant John Doe #2 and Donald Uhler as defendants in this action; 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 defendants Locke, Lincoln, Fletcher, Trombley, St. Mary, Healy, Jeffries, Welch, Gallagher, Welch, and Woodruff; the Clerk shall forward a copy of the summons and complaint to the Office of the New York State Attorney General, together with a copy of this Decision and Order; that that plaintiff take reasonable steps to ascertain the identity of the "Doe" defendants; that a response to the complaint be filed by defendants Locke, Lincoln, Fletcher, Trombley, St. Mary, Healy, Jeffries, Welch, Gallagher, Welch, and Woodruff, or their counsel, as provided for in the Federal Rules of Civil Procedure; and that a response to plaintiff's motion for preliminary injunctive relief (Dkt. No. #4 ) be filed by defendants Locke, Lincoln, Fletcher, Trombley, St. Mary, Healy, Jeffries, Welch, Gallagher, Welch, and Woodruff, or their counsel, within thirty (30) days of the date of service of the summons and complaint on any defendant. Signed by District Judge Brenda K. Sannes on 5/9/2019. (Copy served upon plaintiff via regular mail). (sal )
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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. (sal )
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Filing 7
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 Judge Brenda K. Sannes on 4/24/19. {text order served via regular mail on plaintiff}(nas )
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Filing 6
MOTION for Leave to Proceed in forma pauperis filed by Jay Bradshaw. (Attachments: #1 cover letter; envelope) (nas )
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Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement, it is hereby ORDERED that plaintiff's IFP Application is DENIED as incomplete; and it is further ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further 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; and it is further ORDERED that upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review. Signed by District Judge Brenda K. Sannes on 4/10/2019. (Copy of Order and blank IFP Application served upon plaintiff via regular mail). (sal)
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Filing 4
MOTION for Preliminary Injunction filed by Jay Bradshaw. (Attachments: #1 Affidavit) (rar, )
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Filing 3
INMATE AUTHORIZATION FORM by Jay Bradshaw. (rar, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Jay Bradshaw. (rar, )
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Filing 1
COMPLAINT against John Doe 1(Sergeant, Upstate Correctional Facility), John Doe 1(Correction Officers, Upstate Correctional Facility), John Doe 2(Sergeant, Upstate Correctional Facility), John Doe 2(Correction Officers, Upstate Correctional Facility), John Doe 3(Sergeant, Upstate Correctional Facility), John Doe 3(Correction Officers, Upstate Correctional Facility), John Doe 4, John Doe 5, John Doe 6, Fletcher, Healy, Jeffries, Lincoln, N. Locke, R. St. Mary, Trombley, Donald G. Uhler, Welch, P. Woodruff filed by Jay Bradshaw. (Attachments: #1 letter, #2 envelope) (rar)
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