Randolph v. Renaud et al
| Edward Randolph |
| Jane Doe, D. Venettozzi, Anthony J. Annucci, Doe Scarlotta, John Doe, C. Watkins, Doe Morin, Doe Scuderi, L. Renaud, Doe Swan and K. Drew |
| 9:2019cv00640 |
| May 30, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| Gary L Sharpe |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing 5
DECISION AND ORDER: ORDERED that Plaintiff's motions for leave to proceed without prepayment of fees (Randolph I, No. 19-CV-0639, Dkt. No. 2; Randolph II, No. 19-CV-0640, Dkt. No. 2) are GRANTED. ORDERED that the Clerk of the Court shall consolidate Civil Actions Nos. 19-CV-0639 (DNH/ATB) and 19-CV-0640 (GLS/DJS), with the first of those two actions being designated as the lead case. ORDERED that all future filings in these cases are to be filed in the docket for case No. 19-CV- 0639; The Clerk shall reassign Randolph II to the undersigned and to Andrew T. Baxter as the assigned magistrate judge, add to this action the defendants in Randolph II who are not already defendants in this action, re-docket Complaint in Randolph I, and attach to it the Complaint in Randolph II, which together shall represent the master consolidated Complaint. ORDERED that 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) claims against Nurse Jane Doe and Nurse Administrator John Doe; (2) Eighth Amendment deliberate medical indifference claims against Watkins; (3) constitutional claims against Rose and Vandenburgh related to false reports and testimony; and (4) First Amendment retaliation claims. ORDERED that the following claims survive the Court's sua sponte review pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and require a response: (1) Eighth Amendment excessive force claims against Renaud, Drew, Scuderi, Morin, Swan, Scarlotta, Prieur, Vandenburgh, and Rose; (2) Eighth Amendment deliberate medical indifference claims against Nurse John Doe and Nesmith; and (3) Fourteenth Amendment due process claims against Deputy Superintendent Jane Doe, Wagner, Annucci, and Venettozzi. ORDERED that because the Fourteenth Amendment due process claims against defendants Deputy Superintendent Jane Doe, Wagner, Annucci, and Venettozzi cannot proceed unless and until Plaintiff files the required Peralta waiver or shows that the September 2016 hearing disposition has been reversed or invalidated in some manner, no summonses will be issued for any defendant unless and until the Heck issue is resolved. ORDERED that Plaintiff shall advise the Court in writing, within thirty (30) days of the filing date of this Decision and Order, whether he waives for all times all claims in this action relating to disciplinary sanctions arising out of the September 2016 disciplinary disposition affecting the duration of his confinement (recommended good time loss) in order to proceed with his claims challenging the sanctions affecting the conditions of his confinement. In the event plaintiff fails to timely file the required Peralta waiver, he will be deemed to have refused to waive the claims relating to disciplinary sanctions arising out of the September 2016 disciplinary disposition affecting the duration of his confinement (recommended good time loss), and the due process claims relating to the September 2016 disciplinary disposition and appeals therefrom shall be dismissed without prejudice in their entirety. Upon the filing of the Peralta Waiver, or at the expiration of thirty days with no Peralta waiver filed, the Clerk shall return this file to the Court for further review. Nurse Jane Doe, Nurse Administrator John Doe, and Watkins are DISMISSED asdefendants herein. Plaintiff's motions for counsel (Randolph I, Dkt. No. 4; Randolph II, Dkt. No. 4) are DENIED without prejudice to renew at some future time for the reasons state. ORDER granting #2 Motion for Leave to Proceed in forma pauperis; denying #4 Motion to Appoint Counsel. Signed by Judge David N. Hurd on 6/19/19. {order served via regular mail on plaintiff}(nas)
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| Filing 4 MOTION to Appoint Counsel filed by Edward Randolph. (rar) |
| Filing 3 INMATE AUTHORIZATION FORM by Edward Randolph. (rar, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Edward Randolph. (rar, ) |
| Filing 1 COMPLAINT against Anthony J. Annucci, Jane Doe, John Doe, K. Drew, Doe Morin, L. Renaud, Doe Scarlotta, Doe Scuderi, Doe Swan, D. Venettozzi, C. Watkins filed by Edward Randolph. (Attachments: #1 Exhibits A through I, #2 Exhibits J through Y, #3 Civil Cover Sheet, #4 Affidavit of Service, #5 letter, #6 envelope, #7 Copy of USM-285 form dated 10/12/2018) (rar, ). |
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