Hill v. LaClair et al
| Derrick Hill and Derrick Troy Hill |
| Franklin Correctional Facility, V. Barber, F. Quimby, R. Traynor, M. Ojida and D. LaClair |
| 9:2020cv00441 |
| April 16, 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
RSS Track this Docket
This docket was last retrieved on September 22, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 8 AFFIDAVIT filed by Derrick Hill. (Mailing envelope included) (meb) |
| Filing 7 Prisoner Trust Fund Account Statement sent by the Franklin Correctional Facility. (Mailing envelope included) (meb) |
| Set Deadlines: Notice of Compliance Deadline 6/12/2020; Case Review Deadline 7/13/2020. (rep) |
| Notification to Superintendent of Filing - Provided Superintendent at Franklin Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rep) |
Filing 6
DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP Application (Dkt. No. #2 ) is GRANTED. It is ORDERED that plaintiff's Section 1983 claims for monetary relief against Franklin Correctional Facility and the named defendants 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 and for failure to state a claim upon which relief may be granted; and it is further ORDERED that the 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; and it is further ORDERED that plaintiff's Preliminary Injunction Motion (Dkt. No. #4 ) is DENIED without prejudice as set forth above; and it is further ORDERED that if plaintiff wishes to proceed with this action, he must file an amended complaint as directed above within thirty (30) days from the filing date of this Decision and Order; and it is further ORDERED that, if plaintiff timely files an amended complaint, this matter be returned to the Court for further review; and it is further ORDERED that if plaintiff fails to timely file an amended complaint as directed above, 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 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; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on plaintiff. Signed by Judge David N. Hurd on May 11, 2020. (Copy served via regular mail)(rep)
|
| Filing 5 AFFIDAVIT: Filed by Derrick Hill, dated April 28, 2020, regarding confinement conditions. {Mailing envelope attached}. (rep) |
| Filing 4 MOTION for Preliminary Injunction/Temporary Restraining Order filed by Derrick Hill. (nas, ) |
| Filing 3 INMATE AUTHORIZATION FORM by Derrick Hill. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Derrick Hill. (Attachments: #1 prisoner account statement) (nas, ) |
| Filing 1 COMPLAINT against V. Barber, Franklin Correctional Facility, D. LaClair, M. Ojida, F. Quimby, R. Traynor filed by Derrick Hill. (Attachments: #1 Exhibit(s), #2 envelope)(nas, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
