Pannell v. Schenectady County Jail Sheriff et al
| Joseph Shawn Pannell |
| Dr. John McPhillips, Captain Cufari, Sgt. Catalono, Schenectady County Jail Sheriff, Sgt. Derochie and Captain Purdy |
| 9:2019cv01081 |
| August 30, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Brenda K Sannes |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 9
DECISION AND ORDER: It is ORDERED that plaintiff's IFP Application (Dkt. No. #7 ) is GRANTED; and it is further ORDERED that the Clerk provide the Superintendent of the facility, designated by plaintiff as his current location, with a copy of plaintiff's authorization form (Dkt. No. #3 ), and notify the official that this action has been filed and that plaintiff is required to pay to the Northern District of New York the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED that if plaintiff wishes to proceed with this action, he must file an amended complaint as directed above within thirty (30) days from filing date of this Decision and Order; and it is further ORDERED that, if plaintiff timely files an amended complaint, this matter be returned to the Court for further review; and it is further ORDERED that if plaintiff fails to timely file an amended complaint as directed above, the Clerk shall enter judgment indicating that this action is DISMISSED without prejudice without further order of this Court 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. In that event, the Clerk is directed to close this case; and it is further that the Clerk of the Court shall provide plaintiff with copies of the unpublished decisions cited herein. Signed by Judge Brenda K. Sannes on October 18, 2019. (Attachments: #1 Case Law, #2 Case Law, #3 Case Law, #4 Case Law, #5 Case Law, #6 Case Law, #7 Case Law, #8 Case Law, #9 Case Law, #10 Case Law, #11 Case Law, #12 Case Law, #13 Case Law, #14 Case Law, #15 Case Law, #16 Case Law) (Copy served via regular mail)(rep)
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| Notification to Superintendent of Filing - Provided Superintendent at Washington Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept. notified. (rep) |
| Set Deadlines: Notice of Compliance Deadline 11/18/2019. Case Review Deadline 12/18/2019. (rep) |
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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 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. Signed by Judge Brenda K. Sannes on September 13, 2019. (Copy served via regular mail)(rep)
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| Filing 7 MOTION: for Leave to Proceed in forma pauperis, filed by Joseph Shawn Pannell. {Cover letter and mailing envelope attached}.(rep) |
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Filing 6
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, either (1) pay the $400.00 filing fee in full; or (2) submit a completed and signed IFP application; 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; It is further ORDERED that the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application.Signed by Judge Brenda K. Sannes on September 4, 2019. (Copy served via regular mail as directed).(rep)
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| Filing 5 Case transferred in from District of New York Southern; Case Number 1:19-cv-07905. electronically transferred when case opened |
| Mailed a copy of #4 Order, to Joseph Shawn Pannell DIN No. 19A2354 Washington Correctional Facility 72 Lock Eleven Lane P.O. Box 180 Comstock, NY 12821-0180. (vba) [Transferred from New York Southern on 8/30/2019.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York. (sac) [Transferred from New York Southern on 8/30/2019.] |
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Filing 4
TRANSFER ORDER: Plaintiff alleges that while he was detained in the Schenectady County Jail, Defendants denied him adequate medical care for an ear infection, causing him to suffer partial hearing loss. Because Plaintiff does not allege that any defendant resides in this district or that a substantial part of the events or omissions giving rise to his claim arose in this district, venue is not proper in this Court under 1391(b)(1), (2). Plaintiff's claims arose in Schenectady County, which is in the Northern District of New York. See 28 U.S.C. 112(a). Accordingly, venue lies in the Northern District of New York, 28 U.S.C. 1391(b)(2), and this action is transferred to the United States District Court for the Northern District of New York, 28 U.S.C. 1406(a). The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Northern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. The Court certifies, pursuant to 28 U.S.C 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 8/23/2019) (sac) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 8/30/2019.]
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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (sac) [Transferred from New York Southern on 8/30/2019.] |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Joseph Shawn Pannell.(sac) [Transferred from New York Southern on 8/30/2019.] |
| Filing 2 COMPLAINT against Catalono, Cufari, Derochie, John McPhillips, Purdy, Schenectady County Jail Sheriff. Document filed by Joseph Shawn Pannell. (sac) [Transferred from New York Southern on 8/30/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Joseph Shawn Pannell.(sac) [Transferred from New York Southern on 8/30/2019.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 8/30/2019.] |
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