Roy v. Alicia et al
| Lavar Roy |
| Ann Marie Sullivan, MD, Dr. M. Beale, Michelle F. Hogan, MD, Anthony J. Annucci, Dr. Liu and Nurse Alicia |
| 9:2019cv00585 |
| May 16, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 17 BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $32.00. (nas, ) |
| Filing 16 NOTICE of Appearance by Konstandinos D. Leris on behalf of Alicia, M. Beale, Liu, Ann Marie Sullivan, MD (Attachments: #1 Declaration of Service)(Leris, Konstandinos) |
| Filing 15 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to M. Beale served on 6/25/2019, answer due 8/26/2019. Acknowledgment filed by M. Beale. (Leris, Konstandinos) Modified on 7/10/2019 to reflect correct form (nas, ). |
| Filing 14 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Liu served on 6/25/2019, answer due 8/26/2019. Acknowledgment filed by Liu. (Leris, Konstandinos) Modified on 7/10/2019 to reflect correct form (nas, ). |
| Filing 13 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Ann Marie Sullivan, MD served on 6/25/2019, answer due 8/26/2019. Acknowledgment filed by Ann Marie Sullivan, MD. (Leris, Konstandinos) Modified on 7/10/2019 to reflect correct form (nas, ). |
| Filing 12 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Alicia served on 6/25/2019, answer due 8/26/2019. Acknowledgment filed by Alicia. (Leris, Konstandinos) Modified on 7/10/2019 to reflect correct form (nas, ). |
| Filing 11 Summons Issued as to Alicia, M. Beale, Liu, Ann Marie Sullivan, MD. {copy of summons; order and complaint served on the Office of the Attorney General}(nas, ) (Main Document 11 replaced on 6/24/2019) (nas, ). |
Filing 10
DECISION AND ORDER: ORDERED, that Plaintiff's IFP Application (Dkt. No. #7 ) is GRANTED. ORDERED, that Plaintiff's claims against each named defendant in his or her official capacity are DISMISSED with prejudice pursuant to 1915(e)(2)(B) and 1915A(b). ORDERED, that Plaintiff's Fourteenth Amendment due process claims against Sullivan, Beale, Liu, and Alicia in their individual capacities SURVIVE sua sponte review and require a response. ORDERED, that all remaining claims are DISMISSED without prejudice pursuant to 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED, that Annucci and Hogan are DISMISSED without prejudice as defendants. ORDERED, that Plaintiff's Motion for Counsel (Dkt. No. #4 ) is DENIED without prejudice and with leave to renew. 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 Sullivan, Beale, Liu, and Alicia. 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. ORDERED, that the Clerk shall mail Plaintiff a copy of his Complaint (Dkt. No. 1). Signed by Senior Judge Lawrence E. Kahn on 6/21/19. {order and copy of complaint served via regular mail on plaintiff}(nas)
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| Provided Superintendent of Wende Correctional Facility with notice of the instant action and a copy of the inmate authorization form - copies of same provided to Financial Deputy, Syracuse. (nas, ) |
| Filing 9 Case transferred in from District of New York Western; Case Number 6:19-cv-06062. electronically transferred when case opened |
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Filing 8
ORDER that this action be transferred to the Northern District of New York. Signed by Hon. Charles J. Siragusa on 4/26/19. (mailed a copy of this order to plaintiff) (TF) [Transferred from New York Western on 5/16/2019.]
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| Filing 7 MOTION for Leave to Proceed in forma pauperis by Lavar Roy. (Attachments: #1 Envelope)(TF) [Transferred from New York Western on 5/16/2019.] Modified on 5/16/2019 TO INCLUDE AUTHORIZATION FORM ATTACHED AT PAGE 6 (nas, ). |
| Filing 6 JUDGMENT administratively terminating action. Signed by Clerk of Court on 2/27/19. (mailed a copy of this judgment to plaintiff Roy)(TF) [Transferred from New York Western on 5/16/2019.] |
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Filing 5
ORDER that the Clerk of Court shall administratively terminate this action. If Plaintiff wishes to reopen this case, he must notify the Court in writing within 30 days of the date of this Order and must include either (1) a properly supported motion to proceed in forma pauperis along with the required certification of Plaintiffs inmate trust fund account (or institutional equivalent) and authorization form, or (2) the $350.00 filing fee and the $50.00 administrative fee ($400.00 total), the Clerk of Court shall reopen this case. Signed by Hon. Charles J. Siragusa on 2/26/19. (mailed a copy of this order and a motion to proceed in forma pauperis along with the required certification)(TF) [Transferred from New York Western on 5/16/2019.]
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| Filing 4 MOTION to Appoint Counsel by Lavar Roy.(TF) [Transferred from New York Western on 5/16/2019.] |
| Filing 3 JUDGMENT administratively terminating this action. Signed by Clerk of Court on 2/5/19. (mailed a copy of this judgment to plaintiff Roy)(TF) [Transferred from New York Western on 5/16/2019.] |
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Filing 2
ORDER that the Clerk of Court shall administratively terminate this action. If Plaintiff wishes to reopen this case, he must notify the Court in writing within 30 days of the date of this Order and must include either (1) a properly supported motion to proceed in forma pauperis along with the required certification of Plaintiffs inmate trust fund account (or institutional equivalent) and authorization form, or (2) the $350.00 filing fee and the $50.00 administrative fee ($400.00 total), that upon Plaintiffs submission, the Clerk of Court shall reopen this case. Signed by Hon. Charles J. Siragusa on 2/5/19. (mailed a copy of this order and form motion for IFP to plaintiff) (TF) [Transferred from New York Western on 5/16/2019.]
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| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Consent form, privacy notice and timeline mailed to plaintiff (TF). [Transferred from New York Western on 5/16/2019.] |
| Filing 1 COMPLAINT against All Defendants, filed by Lavar Roy.(TF) [Transferred from New York Western on 5/16/2019.] |
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