Martin v. New York State Department of Corrections et al
| George Martin |
| New York State Department of Corrections, Wilson and T. Mattie |
| 9:2019cv00536 |
| May 6, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Thomas J McAvoy |
| 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 28, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $16.00. (nas, ) |
| Filing 12 NOTICE of Appearance by Nicholas Luke Zapp on behalf of T. Mattie (Attachments: #1 Declaration of Service)(Zapp, Nicholas) |
| Filing 11 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to T. Mattie served on 5/28/2019, answer due 7/29/2019. Acknowledgment filed by T. Mattie. (Zapp, Nicholas) |
| Filing 10 NOTICE of Appearance by Nicholas Luke Zapp on behalf of Wilson (Attachments: #1 Declaration of Service)(Zapp, Nicholas) |
| Filing 9 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Wilson served on 5/28/2019, answer due 7/29/2019. Acknowledgment filed by Wilson. (Zapp, Nicholas) |
| Filing 8 Summons Issued as to T. Mattie, Wilson. {copy of summons; order and complaint served on the Office of the Attorney General}(nas, ) |
Filing 7
DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. #5 ) is GRANTED. ORDERED that plaintiff's Eighth Amendment excessive force and failure-to-protect claims against defendants Mattie and Wilson SURVIVE sua sponte review and require a response. ORDERED that plaintiff's claims against the New York State Department of Corrections and Community Supervision 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. ORDERED that the New York State Department of Corrections and Community Supervision is DISMISSED as a defendant. 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 Mattie and Wilson. Signed by Senior Judge Thomas J. McAvoy on 5/24/19. {order served via regular mail on plaintiff}(nas)
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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. (nas, ) |
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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 Senior Judge Thomas J. McAvoy on 5/16/19. {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 George Martin. (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 Senior Judge Thomas J. McAvoy on 5/7/2019. (Order and blank IFP application mailed to plaintiff by regular mail.) (rar, )
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| Filing 3 INMATE AUTHORIZATION FORM by George Martin. (rar, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by George Martin. (rar) |
| Filing 1 COMPLAINT against T. Mattie, New York State Department of Corrections, Wilson filed by George Martin. (Attachments: #1 Civil Cover Sheet, #2 letter, #3 envelope) (rar) |
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