Briglin v. Morley et al
| Todd R. Briglin |
| RN Jane Doe, Corrections Officer "John Doe #2", New York State Department of Corrections and Community Supervision, Dr. Cahill, Darwin LaClair, Corrections Officer "John Doe #1", Sergeant "John Doe #3", V. Barber, John Morley, Dep. Walker, Dr. Hurley, Corrections Officer "G", Shawn Cronin, Dr. Pritti, Mary Tandy Walters, Stephen M. Ash, Dr. Priti Mandalaywala and Registered Nurse "H" |
| 9:2020cv00614 |
| June 3, 2020 |
| US District Court for the Northern District of New York |
| Daniel J Stewart |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 24
DECISION AND ORDER that Plaintiff's IFP Applications (Dkt. Nos. #19 and #22 ) are DENIED as moot. The Clerk of the Court shall amend the docket report to include the following defendants: Corrections Officer John Doe #1 (John Doe #1), Corrections Officer John Doe #2, Corrections Officer "G", Sergeant John Doe #3, and Registered Nurse "H". The Clerk of the Court shall also substitute defendant Dr. Priti Mandalaywala for defendant Dr. Pritti. The Eighth Amendment deliberate indifference claim against Officer "G" survives the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and requires a response. The remaining claims in the Third Amended Complaint are DISMISSED 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. Morley, Ash, Walters, Cahill, Mandalaywala, Barber, LaClair, John Doe #1, John Doe #2, John Doe #3, and Registered Nurse "H" are DISMISSED as defendants herein. The Office of the Attorney General is hereby requested to produce the information specified herein, to the extent that it can, regarding the identity of the defendant within thirty (30) days of the filing date of this Decision and Order. The information should be sent to the Clerk of the Court for the Northern District of New York along with a copy of this Decision and Order, as well as to Plaintiff at his address of record. Once this information is provided, the Clerk shall return this file to the Court for further review. Plaintiff's motion for counsel (Dkt. No. #21 ) is DENIED. Signed by Chief Judge Glenn T. Suddaby on 7/27/2020. (Copy served upon Plaintiff via regular mail). (sal )
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Set Deadlines: Notice of Compliance Deadline 8/26/2020 for NYS AG's Office to produce regarding the identity of defendant Corrections Officer "G". (sal )
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Filing 23
INMATE AUTHORIZATION FORM: Filed by Todd R. Briglin. (rep)
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Filing 22
MOTION: For Leave to Proceed in forma pauperis, filed by Todd R. Briglin. (Attachments: #1 Prisoner Account Statement) (rep)
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Filing 21
MOTION: to Appoint Counsel filed by Todd R. Briglin.(rep)
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Filing 20
INMATE AUTHORIZATION FORM: Filed by Todd R. Briglin. (rep)
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Filing 19
MOTION: For Leave to Proceed in forma pauperis filed by Todd R. Briglin. (rep)
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Filing 18
THIRD AMENDED COMPLAINT WITH JURY DEMAND: Filed by Todd R. Briglin. (Attachments: #1 Exhibits A - E, #2 Exhibits F - L, #3 Exhibits M -S, #4 Exhibits T - End, #5 Mailing Envelope)(rep)
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Filing 16
Case transferred in from District of New York Western; Case Number 6:19-cv-06927. electronically transferred when case opened
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Filing 15
AMENDED COMPLAINT against RN Jane Doe, Dr. Hurley, Dep. Walker, filed by Todd R. Briglin. (Attachments: #1 Letter, #2 Exhibits, #3 Envelope) (BK) [Transferred from New York Western on 6/3/2020.]
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Filing 17
Letter regarding an amended complaint filed by Todd R. Briglin. (Mailing envelope included) (meb)
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Filing 14
AMENDED COMPLAINT against All Defendants, filed by Todd R. Briglin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q) (BK) [Transferred from New York Western on 6/3/2020.]
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Filing 13
ORDER signed by Hon. David G. Larimer on 5/7/2020. All claims regarding direct transport from Franklin, the change in Plaintiffs medication and the denial of his rights under the ADA are severed and transferred to the United States District Court for the Northern District of New York; FURTHER, that all claims against New York State are dismissed with prejudice, and the Clerk of Court is directed to terminate New York as a Defendant to this action; FURTHER, that as no claims against Franklin Defendants Morley, Ash, Waters, Cahill, Pritti, Barber and LaClair remain in this District, the Clerk of Court is directed to terminate them as a Defendants to this action; FURTHER, that Plaintiffs remaining claims are dismissed, and that Plaintiff is granted leave to file an amended complaint as directed above by forty-five (45) days from the date of this Order. A copy of this Order a copy of the original Complaint, a blank 1983 complaint form, and the instructions for preparing an amended complaint; have been mailed to the Plaintiff at Franklin Correctional. If Plaintiff fails to file an Amended Complaint as directed, the Court hereby certifies, pursuant to 28 U.S.C. 1915(a), that any appeal from this Order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. (BK) [Transferred from New York Western on 6/3/2020.]
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Filing 12
Authorization Form. (BK) [Transferred from New York Western on 6/3/2020.]
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Filing 11
ORDER denying #9 Motion for Leave to Proceed in forma pauperis; finding as moot #10 Motion. Signed by Hon. David G. Larimer on 1/28/2020. A copy of this order along with a blank Authorization form has been mailed to the Plaintiff at Franklin Correctional. (BK) [Transferred from New York Western on 6/3/2020.]
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Filing 10
Pro Se Plainitff's Motion for an Order to Show Cause, Preliminary Injunction, and Temporary Restraining Order. (Attachments: #1 Affidavit in Support, #2 Exhibit, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Envelope) (BK) [Transferred from New York Western on 6/3/2020.]
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Filing 8
ORDER signed by Hon. David G. Larimer on 1/21/2020. Plaintiff's application for leave to proceed in forma pauperis (ECF No. 3) is again denied without prejudice, and the Clerk of Court shall administratively terminate this action, without filing the Complaint or assessing a filing fee. The Court will grant Plaintiff a final opportunity to fix his errors, and Plaintiff has untilFebruary 28, 2020 to either (1) submit a signed Authorization or (2) pay the full filing fee of $400.00. If Plaintiff fails to comply with this deadline, this case will be dismissed without prejudice. A copy of this order along with a blank Authorization form have been mailed to the Plaintiff at Franklin Correctional. (BK) [Transferred from New York Western on 6/3/2020.]
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Filing 9
MOTION for Leave to Proceed in forma pauperis by Todd R. Briglin. (Attachments: #1 Exhibits, #2 Envelope) (BK) [Transferred from New York Western on 6/3/2020.]
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Filing 7
Letter Request from Todd R. Briglin, dated 1/13/2020. (BK) [Transferred from New York Western on 6/3/2020.]
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Filing 6
Letter Request from Todd Briglin, dated 1/6/2020. Per the Pro Se Department, it was not necessary to re-file a copy of #1 Complaint. (Attachments: #1 Exhibit, #2 Exhibit, #3 Envelope) (BK) [Transferred from New York Western on 6/3/2020.]
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Filing 5
JUDGMENT signed by Mary C. Loewenguth, Clerk of Court on 1/8/2020. A copy of this judgment has been mailed to the Plaintiff at Franklin Correctional. (BK) [Transferred from New York Western on 6/3/2020.]
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Filing 4
ORDER denying #2 Motion for Leave to Proceed in forma pauperis. Signed by Hon. David G. Larimer on 1/7/2020. This action is administratively terminated, if Plaintiff wishes to reopen this case, he must notify the Court in writing within 30 days of the date of this Order and must include either (1) a properly supported motion to proceed in forma pauperis along with the required certification of Plaintiffs inmate trust fund account (or institutional equivalent) and authorization form, or (2) the $350.00 filingfee and the $50.00 administrative fee ($400.00 total). A copy of this order along with a blank form motion to proceed in forma pauperis with supporting affirmation has been mailed to the Plaintiff at Franklin Correctional. (BK) [Transferred from New York Western on 6/3/2020.]
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Todd R. Briglin.(SG) [Transferred from New York Western on 6/3/2020.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Todd R. Briglin. (BK) [Transferred from New York Western on 6/3/2020.]
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Filing 1
COMPLAINT against All Defendants, filed by Todd R. Briglin. (Attachments: #1 Exhibits, #2 Continuation of Exhibits, #3 Continuation of Exhibits, #4 Continuation of Exhibits) (BK) [Transferred from New York Western on 6/3/2020.]
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The Pro Se Packet including: the Privacy Notice, Consent to Proceed before a Magistrate Judge and the Civil Case Timeline have been mailed to the Plaintiff. (BK) [Transferred from New York Western on 6/3/2020.]
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (BK) [Transferred from New York Western on 6/3/2020.]
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