Ferguson v. New York State Department of Corrections et al
| Eric Ferguson and Eric R. Ferguson |
| Timothy McCarthy, M.D. John Doe and New York State Department of Corrections |
| 9:2019cv01405 |
| November 14, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Gary L Sharpe |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 5
DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's Section 1983 claim against the New York State Department of Corrections and Community Supervision is DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) as barred by the Eleventh Amendment. ORDERED that all 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. ORDERED that, if plaintiff wishes to proceed with this action, he must file an amended complaint within thirty (30) days of the filing date of this Decision and Order. ORDERED that, upon the filing of an amended complaint as directed, the Clerk shall return the file to this Court for further review. ORDERED that, in the event plaintiff fails to file a signed amended complaint within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) due to plaintiff's failure to state a claim upon which relief can be granted and to comply with the terms of this Decision and Order, without further order of this Court. Signed by Senior Judge Gary L. Sharpe on 12/4/19. {order served via regular mail on plaintiff}(nas)
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| Set Deadlines/Hearings: Notice of Compliance Deadline 1/6/2020 Case Review Deadline 2/4/2020 (nas, ) |
| Provided Superintendent of Elmira C.F. with notice of instant action and copy of inmate authorization form - copies of same provided to Financial Deputy, Syracuse. (nas, ) |
| Filing 4 Case transferred in from District of New York Western; Case Number 6:19-cv-06625. electronically transferred when case opened |
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Filing 3
ORDER transferring this matter to the United States District Court for the Northern District of New York. Signed by Hon. Charles J. Siragusa on 9/3/19. Copy mailed to pro se petitioner. (JHF) [Transferred from New York Western on 11/14/2019.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis and INMATE AUTHORIZATION FORM, by Eric R. Ferguson. (JHF) [Transferred from New York Western on 11/14/2019.] Modified on 11/14/2019 - to note that the Inmate Authorization Form is included at this entry (rep). |
| Filing 1 COMPLAINT against John Doe, Timothy McCarthy, New York State Department of Corrections, filed by Eric R. Ferguson. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (JHF) [Transferred from New York Western on 11/14/2019.] |
| Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to plaintiff. (JHF) [Transferred from New York Western on 11/14/2019.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (JHF) [Transferred from New York Western on 11/14/2019.] |
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