Johnson v. Lee et al
| Michael Johnson |
| Moore, William Lee, H. Eigo, Black and Bunch |
| 9:2019cv01075 |
| August 30, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Lawrence E Kahn |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 10 Summons Issued as to H. Eigo. {copy of summons; complaint and order served on the Office of the Attorney General}(nas) |
Filing 9
DECISION AND ORDER: ORDERED, that Plaintiff's IFP application (Dkt. No. #6 ) is GRANTED. ORDERED, that the following claims are DISMISSED without prejudice pursuant to 28U.S.C. 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief may be granted: (1) Fourteenth Amendment Due Process claims against Moore and Lee; (2) claims that "defendants" violated DOCCS directives, policies, procedures, rules and regulations; and (3) claims against Black based on being denied access to the inmate grievance program. ORDERED, that Lee, Moore, Bunch, and Black are DISMISSED without prejudice as Defendants in this action. ORDERED, that the Eighth Amendment failure-to- protect claim against Eigo survives the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 1915A(b) and requires a response. ORDERED, that Plaintiff's Motion (Dkt. No. #4 ) for the appointment of counsel is DENIED. ORDERED, that the Clerk of the Court shall issue a summons and forward it, along with a copy of the Complaint, to the United States Marshal for service upon the remaining Defendant. Signed by Senior Judge Lawrence E. Kahn on 10/25/19. {order served via regular mail on plaintiff}(nas, )
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| Notification to Superintendent of Filing - Provided Superintendent at Otisville Correctional Facility with notice of instant action and a copy of Plaintiff's #7 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
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Filing 8
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 Lawrence E. Kahn on 9/16/19. {text order served via regular mail on plaintiff}(nas)
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| Filing 7 INMATE AUTHORIZATION FORM by Michael Johnson. (nas, ) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Michael Johnson. (nas, ) |
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Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is ORDERED that plaintiff's IFP application is DENIED as incomplete; and it is further ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that if plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, (1) either (a) pay the $400.00 filing fee in full, or (b) submit a completed and signed IFP application; AND (2) submit a completed and signed inmate authorization form; and it is further ORDERED that, upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review. Signed by Senior Judge Lawrence E. Kahn on September 3, 2019. (Copy served via regular mail with a blank IFP Application and blank Inmate Authorization)(rep) Modified on 9/3/2019 (rep, ).
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| Filing 4 MOTION: to Appoint Counsel, filed by Michael Johnson.(rep) |
| Filing 3 INMATE AUTHORIZATION FORM: Filed by Michael Johnson. (rep) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Michael Johnson. (Attachments: #1 Proposed Summonses) (rep) |
| Filing 1 COMPLAINT WITH JURY DEMAND: Against Black, Bunch, H. Eigo, William Lee, and Moore. Filed by Michael Johnson. (Attachments: #1 Civil Cover Sheet, #2 Cover Letter and Mailing Envelope)(rep) |
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