Sanders v. NYSDOCCS et al
| Naji Sanders |
| NYSDOCCS and Upstate Correctional Facility |
| 9:2019cv01314 |
| October 25, 2019 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| 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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| Notification to Superintendent of Filing - Provided Superintendent at Upstate 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 1/13/2020; Case Review Deadline 2/13/2020. (rep) |
Filing 5
DECISION AND ORDER: It is ORDERED that plaintiff's IFP Application (Dkt. No. #2 ) is GRANTED. It is ORDERED that the New York State Department of Corrections and Community Supervision and Upstate Correctional Facility, and all Section 1983 claims against these entities, 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 Section 1983 claim upon which relief may be granted, and because these defendants are entitled to Eleventh Amendment immunity; and it is further ORDERED that plaintiff's remaining claim is 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 Section 1983 claim upon which relief may be granted; 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 the 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.. Signed by Judge Brenda K. Sannes on December 12, 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, #17 Case Law, #18 Case Law, #19 Case Law, #20 Case Law, #21 Case Law, #22 Case Law, #23 Case Law, #24 Case Law, #25 Case Law, #26 Case Law, #27 Case Law) (Copy served via regular mail)(rep, )
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| Filing 4 LETTER: Filed by Naji Sanders, dated November 5, 2019, inquiring as to the status of his case. {Copy of docket sheet being sent to the plaintiff via regular mail}. (rep) |
| Filing 3 INMATE AUTHORIZATION FORM: Filed by Naji Sanders. (rep) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Naji Sanders. (rep) |
| Filing 1 COMPLAINT WITH JURY DEMAND: Against NYSDOCCS, Upstate Correctional Facility. Filed by Naji Sanders. (Attachments: #1 Civil Coversheet, #2 Cover Letter, #3 Mailing Envelope)(rep) |
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