Moreau v. Ellsworth et al
| Emile Moreau |
| J. Vonderheyde, Sherry Ellsworth and A. Black |
| 9:2020cv00124 |
| February 5, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| 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 November 16, 2021. A more recent docket listing may be available from PACER.
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Filing 10
LETTER: Filed by Emile Moreau, advising the Court of mail room issues he is having at Marcy Correctional Facility, and advising that he is going to file a Motion for Preliminary Injunction. (rep)
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Set Deadlines/Hearings: Notice of Compliance Deadline 4/10/2020 (copies of complaint and USM-285 forms) (nas, )
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Filing 9
NOTICE: To plaintiff that three copies of his complaint and three completed USM-285 forms are required by April 10, 2020 in order for the U.S. Marshals to effect service on the defendants. (rep)
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Filing 8
DECISION AND ORDER: It is ORDERED that Plaintiff's in forma pauperis application (Dkt. No. #6 ) is GRANTED; The Clerk provide the Superintendent of the facility, designated by Plaintiff as his current location, with a copy of Plaintiff's Inmate Authorization, and notify the official that this action has been filed and that Plaintiff is required to pay the Northern District of New York the statutory filing fee of $350.00 in installments, over time, pursuant to 28 U.S.C. 1915; The following 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: (1) Eighth Amendment claims related to threats and verbal harassment; (2) claims related to Black's failure to process grievances; and (3) Plaintiff's claims for injunctive relief; The following claims survive the Court's sua sponte review pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and require a response: (1) First Amendment mail interference and access to court claims; (2) Eighth Amendment claims against Vonderheyde and Black; and (3) First Amendment retaliation claims against Ellsworth, Vonderheyde, and Black; That, upon receipt from Plaintiff of the documents necessary for service, the Clerk shall issue a summonses and forward them, along with copies of the Complaint, to the United States Marshal for service upon the 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 that Plaintiff's motion for counsel (Dkt. No. #4 ) is DENIED. Signed by Judge David N. Hurd on March 5, 2020. (Copy served via regular mail)(rep)
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Notification to Superintendent of Filing - Provided Superintendent at Marcy Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rep)
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Filing 7
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 Judge David N. Hurd on February 20, 2020. (Copy served via regular mail)(rep)
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Filing 6
MOTION for Leave to Proceed in forma pauperis, filed by Emile Moreau. (rep)
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Filing 5
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 Judge David N. Hurd on February 6, 2020. (Copy served via regular mail along with a blank IFP Application)(rep)
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Filing 4
MOTION: to Appoint Counsel, filed by Emile Moreau. (Attachments: #1 Exhibits) (rep)
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Filing 3
INMATE AUTHORIZATION FORM: Filed by Emile Moreau. (rep)
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Filing 2
MOTION for Leave to Proceed in forma pauperis, filed by Emile Moreau.(rep)
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Filing 1
COMPLAINT WITH JURY DEMAND: Against A. Black, Sherry Ellsworth, and J. Vonderheyde, filed by Emile Moreau. (Attachments: #1 Exhibit A - E, #2 Exhibits F - L, #3 Cover Letter and Affidavit of Service, #4 Civil Cover Sheet, #5 Mailing Envelope)(rep)
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