Mitchell v. Annucci et al
| Dontie S. Mitchell |
| David Barringer, Christopher Miller, Anthony J. Annucci, Imam Elmi and Jeff McKoy |
| 9:2019cv00718 |
| June 18, 2019 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Miroslav Lovric |
| David E Peebles |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 14, 2022. A more recent docket listing may be available from PACER.
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Filing 22
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Christopher Miller served on 7/22/2019, answer due 9/20/2019; David Barringer served on 7/22/2019, answer due 9/20/2019. Acknowledgment filed by Christopher Miller; David Barringer. (Scott, William)
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Filing 21
MOTION to Appoint Counsel filed by Dontie S. Mitchell. (Mailing envelope included)(meb)
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Filing 20
Letter enclosing copies and USM 285s for service filed by Dontie S. Mitchell. (Attachments: #1 Mailing envelope)(meb)
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Filing 19
AFFIDAVIT in support of the #14 MOTION for Reconsideration filed by Dontie S. Mitchell. (Mailing envelope included) (meb)
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Filing 18
AFFIDAVIT in support of the #14 MOTION for Reconsideration filed by Dontie S. Mitchell. (Mailing envelope included) (meb)
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Filing 17
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Jeff McKoy served on 7/22/2019, answer due 9/20/2019. Acknowledgment filed by Jeff McKoy. (Scott, William)
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Filing 16
AFFIDAVIT in support of the #14 MOTION for Reconsideration filed by Dontie S. Mitchell. (Mailing envelope included.) (meb)
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Filing 15
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Anthony J. Annucci served on 7/22/2019, answer due 9/20/2019. Acknowledgment filed by Anthony J. Annucci. (Scott, William)
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Filing 14
MOTION for Reconsideration of the #12 DECISION AND ORDER filed by Dontie S. Mitchell. (Mailing envelope included) (meb)
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Filing 13
Summons Issued as to Anthony J. Annucci, David Barringer, Jeff McKoy, Christopher Miller. {copy of summons; order and complaint served on the Office of the Attorney General}(nas)
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Filing 12
DECISION AND ORDER: ORDERED that Plaintiff's in forma pauperis application (Dkt. No. #6 ) is GRANTED. ORDERED that Plaintiff's 1983 claims for monetary damages against defendants in their official capacity are DISMISSED with 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 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) First Amendment Free Exercise and RLUIPA claims related to Plaintiff's religious freedom; (2) First Amendment claims related to the right to petition; (3) First Amendment retaliation claims; and (4) claims related to the "unwritten" social media ban. ORDERED that Plaintiff's First Amendment claims related to freedom of association claims against Annucci, McKoy, Miller, and Barringer survive the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and require a response. ORDERED that Elmi is DISMISSED as a defendant herein. ORDERED that Plaintiff's request for class certification is DENIED. ORDERED that the Clerk of the Court is directed to amend the docket to terminate "those similarly situated" as plaintiffs in this action. ORDERED that Plaintiff's motion for preliminary injunctive relief (Dkt. No. #3 ) is DENIED. ORDERED that Plaintiff's motion for appointment of counsel (Dkt. No. #2 ) is DENIED. ORDERED that Plaintiff's motion for copies (Dkt. No. #9 ) is DENIED. Service is directed. Signed by U.S. District Judge Mae A. D'Agostino on 7/19/19. {order served via regular mail on plaintiff}(nas)
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Notification to Superintendent of Filing - Provided Superintendent at Great Meadow Correctional Facility 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 11
Letter from Mitchell requesting copy of motion for preliminary injunction and complaint.[copies provided] (nas, )
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Filing 10
Letter from Plaintiff in further support of Dkt. No. #3 motion for preliminary injunction and request for counsel. (nas, )
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Filing 9
Submission in support of #3 MOTION for Preliminary Injunction and request for courtesy copies by Dontie S. Mitchell. (nas, ) , ).
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Filing 8
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Miroslav Lovric for all further proceedings. Magistrate Judge David E. Peebles no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 7/1/2019. (Copy served via regular mail)(jdp, )
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Filing 7
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 U.S. District Judge Mae A. D'Agostino on 6/24/19. {text order served via regular mail on plaintiff}(nas, )
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Filing 6
MOTION for Leave to Proceed in forma pauperis filed by Dontie S. Mitchell. (nas, )
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Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: 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 U.S. District Judge Mae A. D'Agostino on 6/24/19. {order and blank ifp form served via regular mail on plaintiff}(nas)
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Filing 4
INMATE AUTHORIZATION FORM by Dontie S. Mitchell. (nas, )
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Filing 3
MOTION for Preliminary Injunction filed by Dontie S. Mitchell. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Memorandum of Law) (nas, )
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Filing 2
Letter Motion from Dontie S. Mitchell requesting counsel and telephone conference. (nas, )
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Filing 1
COMPLAINT against Anthony J. Annucci, David Barringer, Imam Elmi, Jeff McKoy, Christopher Miller filed by Dontie S. Mitchell. (Attachments: #1 Civil Cover Sheet, #2 envelope)(nas )
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