Llewellyn v. Annucci et al
| Justin Llewellyn |
| Anthony J. Annucci and S. Peacock |
| 9:2020cv00179 |
| February 20, 2020 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Gary L Sharpe |
| 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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| Filing 6 Letter dated 4/9/2020 regarding the filing fee filed by Justin Llewellyn. (Mailing envelope included) (meb) |
| Filing 5 AMENDED COMPLAINT WITH JURY DEMAND filed by Justin Llewellyn. (Attachments: #1 Cover letter and mailing envelope)(meb) |
Filing 4
DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's Section 1983 claims for money damages against defendants Annucci and Peacock in their official capacities are 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 plaintiff's Section 1983 claims against defendants Annucci and Peacock in their individual capacities are conditionally DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and U.S.C. 1915A(b). ORDERED that, if plaintiff wishes to proceed with this action, he must file an amended complaint as directed within thirty (30) days from the filing date of this Decision and Order. ORDERED that, if plaintiff timely files an amended complaint, this matter be returned to the Court for further review. ORDERED that, if plaintiff fails to timely file an amended complaint as directed, 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 Senior Judge Gary L. Sharpe on 3/9/2020. {order served via regular mail on plaintiff}(nas)
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| Notification to Superintendent of Filing - Provided Superintendent at Orleans Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 3 INMATE AUTHORIZATION FORM filed by Justin Llewellyn. (meb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Justin Llewellyn.(meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Anthony J. Annucci, S. Peacock filed by Justin Llewellyn. (Attachments: #1 Civil Cover Sheet, #2 Cover letter and mailing envelope)(meb) |
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