Chapman v. John Doe (One) et al
| Darrell Chapman and Darrell Bishop Chapman |
| John Doe (One), John Doe (Two), Albany County Correctional Facility, United States Marshal Service and Jane Doe |
| 9:2019cv01257 |
| October 11, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 4
DECISION AND ORDER that the following claims are DISMISSED with prejudice pursuant to 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted: (1) Section 1983 claims against Albany County Correctional Facility and the USMS; and (2) Bivens claims against the USMS; and it is further ORDERED that the following claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915A for failure to state a claim upon which relief may be granted: (1) Fourteenth Amendment medical claims against John Doe #1, John Doe #2, and Jane Doe; and (2) FTCA claims against the USMS; and it is further ORDERED that Albany County C.F., the USMS, and Jane Doe are DISMISSED as defendants herein; and it is further ORDERED that the Fourteenth Amendment deliberate indifference claim, related to Plaintiff's safety, against John Doe #1 and John Doe #2 survive the Court's sua sponte review under 28 U.S.C. 1915A and require a response; and it is further ORDERED that the Office of the County Attorney for Albany County is hereby requested to produce the information specified above, to the extent that it can, regarding the identity of the defendants within thirty (30) days of the filing date of this Decision and Order. The information should be sent to the Clerk of the Court for the Northern District of New York along with a copy of this Decision and Order, as well as to Plaintiff at his address of record. Once this information is provided, the Clerk shall return this file to the Court for further review. Signed by Chief Judge Glenn T. Suddaby on 12/3/2019. (Copy served upon plaintiff via regular mail). (sal)
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Set Deadlines: Notice of Compliance Deadline from Albany Cty. Attorney re identify of Defendants - 1/2/2020. (sal)
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Filing 3
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 Chief Judge Glenn T. Suddaby on October 25, 2019. (Copy served via regular mail)(rep)
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FILING FEE RECEIVED: $ 400.00, receipt number ALB011540. (rep)
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Because this action was not properly commenced, the Clerk is directed to administratively close this action. 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. 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. Upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review. In accordance with the Rule 10.1(c)(2) of the Court's Local Rules, plaintiff shall promptly notify the Clerk's Office and all parties or their counsel, in writing, of any change in his address. Plaintiff's failure to do so may result in the dismissal of this action. The Clerk is directed to serve a copy of this Order on plaintiff along with a blank IFP application and blank inmate authorization form. Signed by Chief Judge Glenn T. Suddaby on 10/15/2019. (Copy of Order, blank IFP and inmate authorization form served upon plaintiff via regular mail). (sal)
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Filing 1
COMPLAINT against Albany County Correctional Facility, Jane Doe, John Doe (One), John Doe (Two), United States Marshal Service filed by Darrell Chapman. (Mailing envelope included)(meb)
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