Mclean v. Superintendent et al
| Jermell Mclean |
| C.O. John Doe #1, Superintendent and C.O. John Doe #2 |
| 9:2019cv01227 |
| October 4, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2022. A more recent docket listing may be available from PACER.
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Filing 6
DECISION AND ORDER: It is hereby ORDERED, that Plaintiff's IFP Application (Dkt. No. #3 ) is GRANTED. The Clerk shall provide the Superintendent of Franklin C.F. with a copy of Plaintiff's inmate authorization form (Dkt. No. #4 ) and notify that official that Plaintiff has filed this action and 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 Plaintiff's Eighth Amendment medical indifference claim asserted against defendant John Doe #1 SURVIVES sua sponte review and requires a response; and it is further ORDERED, that the Clerk shall send a copy of the Complaint and this Decision and Order to the New York State Attorney General's Office. To the extent possible, the New York State Attorney General's Office is requested to produce the information specified above regarding the identity of John Doe #1 within thirty days of the filing date of this Decision and Order. Upon receipt of a response from the New York State Attorney General's Office, as directed above, the Clerk shall return this file to the Court for further review; and it is further ORDERED, that the 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; and it is further ORDERED, that John Doe #2 and the Superintendent of Franklin Correctional Facility are DISMISSED without prejudice as defendants in this action. Signed by Senior Judge Lawrence E. Kahn on November 7, 2019. (Served as directed).(rep)
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Notification to Superintendent of Filing - Provided Superintendent at Franklin Correctional Facility with notice of instant action and a copy of Plaintiff's #4 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rep)
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Set Deadlines: Notice of Compliance Deadline 12/9/2019.(rep)
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Filing 5
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. Authorized by Senior Judge Lawrence E. Kahn on October 7, 2019. (Copy served via regular mail)(rep)
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Filing 4
INMATE AUTHORIZATION FORM: Filed by Jermell Mclean. (rep)
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Filing 3
MOTION for Leave to Proceed in forma pauperis, filed by Jermell Mclean. (rep)
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Filing 2
ORDER: Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is 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, in the event plaintiff chooses to file an IFP application, it must be accompanied by a signed inmate authorization form in accordance with the Court's Local Rules; and it is further ORDERED that, upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review; it is further ORDERED that the Clerk serve a copy of this Order on plaintiff along with a blank IFP application and blank inmate authorization form. Signed by Senior Judge Lawrence E. Kahn on October 7, 2019. (Copy served via regular mail with forms as directed).(rep)
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Filing 1
COMPLAINT WITH JURY DEMAND: Against John Doe #1, John Doe #2, Superintendent, filed by Jermell Mclean. (Attachments: #1 Civil Cover Sheet, #2 Mailing Envelope)(rep)
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