Berry v. Attorney General of The State of New York et al
| Jason Berry |
| Inspector General of State of New York, Lt. Lord, Superintendent/Warden of Auburn Correctional Facility, C.O. Brown, C.O. Dart, C.O. Penello, Attorney General of The State of New York, C.O. Murray, Commissioner of Corrections of State of New York, C.O. Clark, Sgt. Cofflin, All of Auburn Correctional Facility, Lt. Troy Mitchell, Sgt. Pyke, Office of Special Investigation of State of New York, Anthony J. Annucci, Jon E. Budelmann and Harold Graham |
| 9:2019cv01570 |
| December 19, 2019 |
| US District Court for the Northern District of New York |
| Thomas J McAvoy |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 10 NOTICE to plaintiff that 4 copies of the complaint and 4 USM-forms are required by 3/16/2020 for the US Marshals Service to effect service on defendants. (meb) |
Filing 9
DECISION AND ORDER: It is hereby ORDERED that Plaintiff's in forma pauperis application (Dkt. No. #7 ) is GRANTED; and it is further ORDERED that the Clerk provide the Superintendent of the facility, designated by Plaintiff as his current location, with a copy of Plaintiff's inmate authorization form, and notify the official that this action has been filed and that Plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED that the Clerk of the Court provide a copy of Plaintiff's inmate authorization form to the Financial Deputy of the Clerk's Office; and it is further ORDERED that the claims stated herein are DISMISSED with prejudice; and it is further ORDERED that the claims stated herein are DISMISSED without prejudice; and it is further ORDERED that the Attorney General, the Inspector General, Annucci, the Office of Special Investigation of the State of New York, Graham Mitchell, Lord, Cofflin, Brown, Clark, and Budelmann are DISMISSED as defendants herein; and it is further ORDERED that the Eighth Amendment excessive force and failure-to-protect claims against Dart, Murray, Penello, and Pyke survive the Court's sua sponte review under 28U.S.C. 1915A and require a response; and it is further ORDERED the Clerk shall issue a summonses and forward them, along with copies of the Complaint, to the United States Marshal for service upon the remaining defendants. The Clerk shall forward a copy of the summonses and Complaint to the Office of the Attorney General, together with a copy of this Decision and Order; and it is further ORDERED, that a response to the Complaint be filed by the remaining defendants, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Thomas J. McAvoy on 2/13/2020. (Copy served via regular mail)(meb)
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| Notification to Superintendent of Filing - Provided Superintendent at Sullivan Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
| Set Deadline: Notice of Compliance Deadline 3/16/2020. (meb) |
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Filing 8
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 s/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 Thomas J. McAvoy on 1/14/2020. (Copy served via regular mail)(meb)
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| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by Jason Berry. (Mailing envelope included)(meb) |
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Filing 6
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that plaintiff's IFP application is DENIED as incomplete; and it is further 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 upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review; and it is further ORDERED that, the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application. Signed by Senior Judge Thomas J. McAvoy on 12/19/2019. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 5 Case transferred in from District of New York Southern; Case Number 1:19-cv-11123. electronically transferred when case opened |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York (jwh) [Transferred from New York Southern on 12/19/2019.] |
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Filing 4
ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of New York. The Clerk of Court is further directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies, under 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 12/12/2019) (jwh) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/19/2019.]
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| Mailed a copy of #4 Order, to Jason Berry DIN No. 15-A-1433 Sullivan Correctional Facility 325 Riverside Drive Fallsburg, NY 12733. (aea) [Transferred from New York Southern on 12/19/2019.] |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (jwh) [Transferred from New York Southern on 12/19/2019.] |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Jason Berry.(rdz) [Transferred from New York Southern on 12/19/2019.] |
| Filing 2 COMPLAINT against All of Auburn Correctional Facility, Attorney General of The State of New York, Brown, Clark, Cofflin, Commissioner of Corrections of State of New York, Dart, Inspector General of State of New York, Lord, Troy Mitchell, Murray, Office of Special Investigation of State of New York, Penello, Pyke, Superintendent/Warden of Auburn Correctional Facility. Document filed by Jason Berry.(rdz) [Transferred from New York Southern on 12/19/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jason Berry.(rdz) [Transferred from New York Southern on 12/19/2019.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 12/19/2019.] |
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