Mann v. Smith et al
| Jabari Mann |
| Brandon Smith and M. Martingano |
| 9:2019cv00478 |
| April 24, 2019 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Therese Wiley Dancks |
| Lawrence E Kahn |
| 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 February 21, 2020. A more recent docket listing may be available from PACER.
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Filing 8
BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $8.00. (rar)
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Filing 7
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to M. Martingano served on 5/20/2019, answer due 7/19/2019. Acknowledgment filed by M. Martingano. (Pinsonnault, Erik)
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Filing 6
NOTICE of Change of Address by Jabari Mann. Effective Date 5/15/2019. Old Address: Upstate Correctional Facility; New Address: Clinton Correctional Facility. (rar, )
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Copy of dkt. no. 4 served on plaintiff at Clinton Correctional Facility. (nas, )
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Filing 5
Summons Issued as to M. Martingano.(Copy of Summons, Complaint and Decision and Order dated 5/16/2019 mailed to the New York State Attorney General's Office by regular mail). (rar, )
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Filing 4
DECISION AND ORDER that Plaintiff's #2 IFP Application is GRANTED. The Clerk shall provide the Superintendent of the facility that Plaintiff has designated as his current location with a copy of Plaintiff's Inmate Authorization Form (Dkt. No. #3 ). Plaintiff's Eighth Amendment excessive force claim and state law assault claim against Martingano SURVIVE sua sponte review and require a response. Plaintiff's 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. Brandon Smith is DISMISSED as a defendant. The Clerk shall issue a summons and forward it, along with a copy of the Complaint, to the United States Marshal for service upon Martingano. 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. A response to the Complaint must be filed by Martingano, or his counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Lawrence E. Kahn on 5/16/2019. (Served a copy upon plaintiff by 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 3
INMATE AUTHORIZATION FORM by Jabari Mann. (rar, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Jabari Mann. (rar, )
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Filing 1
COMPLAINT against M. Martingano, Brandon Smith filed by Jabari Mann. (Attachments: #1 Civil Cover Sheet, #2 envelope) (rar)
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