Mercer v. New York State Department of Corrections and Community Supervision et al
| James R. Mercer, Jr. |
| New York State Department of Corrections and Community Supervision, M. Kinderman, K. Whitmore, S. Zaki, D. Crossway, C. Coppola and Marcy C.F. Office of the Deputy Superintendent for Programs |
| 9:2020cv00665 |
| June 15, 2020 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| 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 Summons Issued as to C. Coppola, D. Crossway, M. Kinderman, S. Zaki. {copy of order; summons and complaint served on the Office of the Attorney General}(nas) (Main Document 6 replaced on 7/29/2020) (nas, ). |
| Filing 5 DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that 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 against Whitmore; (2) First Amendment retaliation claims against Whitmore; and (3) ADA claims. ORDERED that the following claims survive the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and require a response: (1) Eighth Amendment claims against Zaki, Coppola, Kinderman, and Crossway; and (2) retaliation claims against Zaki, Coppola, Kinderman, and Crossway. ORDERED that DOCCS and Marcy C.F. Office of the Deputy Superintendent for Programs, and Whitmore are DISMISSED as defendants in this action. ORDERED that 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. Signed by U.S. District Judge Mae A. D'Agostino on 7/28/2020. {order served via regular mail on plaintiff}(nas) |
| 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. (nas, ) |
| Filing 4 Letter from Mercer inquiring as to status. Updated copy of docket sheet provided. (nas, ) |
| Filing 3 INMATE AUTHORIZATION FORM by James R. Mercer, Jr. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by James R. Mercer, Jr.(nas, ) |
| Filing 1 COMPLAINT against C. Coppola, D. Crossway, M. Kinderman, Marcy C.F. Office of the Deputy Superintendent for Programs, New York State Department of Corrections and Community Supervision, K. Whitmore, S. Zaki filed by James R. Mercer, Jr. (Attachments: #1 Civil Cover Sheet, #2 cover letter, #3 envelope)(nas ) |
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