Diaz v. Smith et al
| Miguel Diaz |
| Geraldine M. Wilson, Eric J. Smith, Robert J. Lamica, II, Caption (First Name Unknown) Domonic, Gary Gettmann, Trevor Dunning, Deborah E. Mahoney, Bryan T. LeClair, James B. Trombley, Adam J. Gallagher, Joshua Tulip and Donald G. Uhler |
| 9:2019cv01438 |
| November 20, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| 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 August 31, 2023. A more recent docket listing may be available from PACER.
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Filing 11
NOTICE dated 1/8/2020 that he is temporarily located at Auburn Correctional Facility filed by Miguel Diaz. (Mailing envelope included) (meb)
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Filing 10
Prisoner Trust Fund Account Statement from Attica Correctional Facility. (Mailing envelope included) (meb)
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Filing 9
LETTER: Filed by Miguel Diaz, dated December 12, 2019, submitting a correct verification form. (Attachments: #1 Page 2 of IFP, #2 Mailing Envelope)(rep)
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Filing 8
Letter dated 12/12/2019 inquiring about the status of the case filed by Miguel Diaz. (Mailing envelope included) [The Clerk notes that this latter is dated prior to the #6 Order and #7 Notice that plaintiff should have received by now.] (meb)
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Filing 7
NOTICE to plaintiff that 11 copies of the complaint and 11 USM-forms are required by 1/21/20 for the US Marshals Service to effect service on defendants. (meb)
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Filing 6
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED, that Plaintiff's IFP Application (Dkt. No. #2 ) is GRANTED. The Clerk is directed to 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 statutory filing fee of $350.00 in installments, over time, pursuant to 28 U.S.C. 1915; and it is further ORDERED, that the Clerk shall provide a copy of Plaintiff's authorization form (Dkt. No. #3 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED, that the claims stated herein SURVIVE sua sponte review and require a response; and it is further ORDERED, that the remaining claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief may be granted; and it is further ORDERED, that defendant Mahoney is DISMISSED without prejudice as a defendant in this action; and it is further ORDERED, that upon receipt from Plaintiff of the documents required for service, the Clerk shall issue summonses and forward them, along with copies of the Complaint, to the United States Marshal for service upon defendants Gallagher, Lamica, Uhler, Dunning, Gettmann, Domonic, Smith, Tulip, Trombley, Leclair, and Wilson. The Clerk shall also forward a copy of the summons and Complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order; and it is further ORDERED, that defendants Gallagher, Lamica, Uhler, Dunning, Gettmann, Domonic, Smith, Tulip, Trombley, Leclair, and Wilson, or their counsel, respond to the Complaint as provided for in the Federal Rules of Civil Procedure; and it is further ORDERED, that Plaintiff's motion for appointment of counsel (Dkt. No. #4 ) is DENIED without prejudice to renew as set forth above. Signed by Senior Judge Lawrence E. Kahn on 12/19/2019. (Copy served via regular mail)(meb)
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Set Deadline: Notice of Compliance Deadline 1/21/2020. (meb)
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Notification to Superintendent of Filing - Provided Superintendent at Attica Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb, )
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Filing 5
Letter from Diaz inquiring as to status. Updated copy of docket sheet provided. (nas, )
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Filing 4
MOTION to Appoint Counsel filed by Miguel Diaz.(meb)
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Filing 3
INMATE AUTHORIZATION FORM filed by Miguel Diaz. (meb)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Miguel Diaz.(meb)
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Filing 1
COMPLAINT WITH JURY DEMAND against (First Name Unknown) Domonic, Trevor Dunning, Adam J. Gallagher, Gary Gettmann, Robert J. Lamica, II, Bryan T. LeClair, Deborah E. Mahoney, Eric J. Smith, James B. Trombley, Joshua Tulip, Donald G. Uhler, Geraldine M. Wilson filed by Miguel Diaz. (Attachments: #1 Civil Cover Sheet, #2 Cover letter and mailing envelope)(meb)
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