Wiley v. Fernandez et al
| Sean T. Wiley |
| Kim Berdo, D. Bowman, P. Denleney, Veronica Fernandez, Paul Shipman, M. Fulger and Gianelli |
| 9:2019cv00652 |
| June 3, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| David E Peebles |
| Brenda K Sannes |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| Plaintiff |
Docket Report
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Filing 9
BILL OF COSTS: Submitted by US Marshal re: Service Fees in the amount of $89.00. (rep)
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Filing 8
Waiver of Service Returned Unexecuted Giannelli and Bowman (nas, )
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Filing 7
Waivers Issued as to D. Bowman, Gianelli. Summons issued for USA and US Attorney General (nas, )
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Filing 6
ORDER OF REASSIGNMENT: ORDERED that this case has been randomly reassigned to the Honorable Christian F. Hummel, U.S. Magistrate Judge. It will remain assigned to the Honorable Brenda K. Sannes, U.S. District Judge. Signed by Chief Judge Glenn T. Suddaby on 6/27/19. {order served via regular mail on plaintiff}(nas)
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Notification to Superintendent of Filing - Provided Warden at FCI- Manchester with notice of instant action and a copy of Plaintiff's #4 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, )
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Filing 5
DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's Eighth Amendment excessive force claims against defendants Bowman and Gianelli SURVIVE sua sponte review and require a response. ORDERED 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. ORDERED that the Clerk terminate Veronica Fernandez, P. Denleney, Kim Berdo, M. Fulger, and Paul Shipman as defendants in this action. ORDERED that the Clerk shall complete waiver of service of process forms for defendants Bowman and Gianelli and provide those forms to the United States Marshal, who shall serve those forms, together with copies of the complaint, on defendants Bowman and Gianelli. The Clerk shall also issue summonses and forward them, along with copies of the complaint, to the United States Marshal, for service on the United States Attorney for the Northern District of New York ("U.S. Attorney's Office"), and the Attorney General of the United States in Washington, D.C., in accordance with Rule 4(i) of the Federal Rules of Civil Procedure. The Clerk shall also forward a copy of this Decision and Order to the U.S. Attorney's Office. Signed by Judge Brenda K. Sannes on 6/26/19. (Attachments: #1 case law cited, #2 case law cited, #3 case law cited, #4 case law cited, #5 case law cited, #6 case law cited, #7 case law cited, #8 case law cited, #9 case law cited, #10 case law cited, #11 case law cited, #12 case law cited, #13 case law cited) (nas)
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Filing 4
INMATE AUTHORIZATION FORM by Sean T. Wiley. (rar, )
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Filing 3
Prisoner Trust Fund Account Statement by Sean T. Wiley. (rar, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Sean T. Wiley. (rar, )
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Filing 1
COMPLAINT against Kim Berdo, D. Bowman, P. Denleney, Veronica Fernandez, M. Fulger, Gianelli, Paul Shipman filed by Sean T. Wiley. (Attachments: #1 42 USC 1983 Complaint, #2 Affidavit, #3 Proposed Summons, #4 Civil Cover Sheet, #5 Letter from Department of Justice to plaintiff regarding administrative claim) Plaintiff provided USM-285 forms. (rar)
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