Osborn v. Harris et al
| Steven Osborn and Steve Osborn |
| Michael Lalonde, Brandon Devins, Mosher, Lisa Zurich, DeLorenzo, Ronald Carollo, Conklin, Deborah Harris, Damico, Laberta, Rich Sturgen, Deputy John Doe #1, Law Clerk Thomas and Deputy John Doe #2 |
| 9:2020cv00673 |
| June 16, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Thomas J McAvoy |
| 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 September 9, 2022. A more recent docket listing may be available from PACER.
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Filing 11
Summons Issued as to Conklin, Brandon Devins, Deborah Harris, Michael Lalonde, Mosher. {copy of summons; order and complaint served on the Office of the Attorney General}(nas)
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Filing 10
DECISION AND ORDER: ORDERED that #4 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that the Clerk of the Court is directed to amend the docket report to include the following defendants: (1) Deputy John Doe #1; (2) Deputy John Doe #2; and (3) Law Clerk Thomas. ORDERED that the following claims are DISMISSED with 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) claims pursuant to Section 1983 for monetary damages against any defendant in his or her official capacity; (2) constitutional claims related to access to the grievance process; and (3) constitutional claims related to violations of facility rules and regulations. 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) First Amendment religious claims against Carollo, Mosher, and Lalonde; (2) retaliation claim against Carollo; (3) Fourteenth Amendment due process claims; (4) equal protection claims; (5) Eighth Amendment deliberate indifference claims; and (6) First Amendment access-to-court 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) First Amendment claims related to religious rights against Doe #1, Doe #2, Conklin, and Devins; and (2) retaliation claims against Harris, Mosher, and Lalonde. ORDERED that Zurich, Carollo, Sturgen, DeLorenzo, Damico, Laberta, and Thomas, are DISMISSED as defendants herein. 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 Senior Judge Thomas J. McAvoy on 8/3/2020. {order served via regular mail on plaintiff}(nas )
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Notification to Superintendent of Filing - Provided Superintendent at Elmira Correctional Facility with notice of instant action and a copy of Plaintiff's #5 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, )
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Filing 9
Letter from Osborn inquiring as to status. Updated copy of docket sheet provided to Plaintiff at Elmira C.F. (nas, )
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Filing 8
Mail Returned as Undeliverable; re: Dkt. No. 6 Text Order. Sent to Osborn Address sent to Oneida County Jail - document remailed to plaintiff at Elmira C.F. (nas, )
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Filing 7
NOTICE of Change of Address by Steven Osborn Effective Date 7/6/2020 Old Address: Oneida County Correctional Facility New Address: Elmira Correctional Facility (nas, )
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Filing 6
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 s/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 Senior Judge Thomas J. McAvoy on 6/25/2020. {text order served via regular mail on plaintiff}(nas)
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Filing 5
INMATE AUTHORIZATION FORM by Steven Osborn. (nas )
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Filing 4
MOTION for Leave to Proceed in forma pauperis filed by Steven Osborn. (nas, )
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Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP application is DENIED as incomplete. ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if plaintiff desires to pursue this action, he must, within 30 days ofthe filing date of this Order, (1) either (a) pay the $400.00 filing fee in full, or (b) submit a completed and signed IFP application; AND (2) submit a completed and signed inmate authorization form. Signed by Senior Judge Thomas J. McAvoy on 6/17/2020. {order and blank forms served via regular mail on plaintiff}(nas )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Steven Osborn.(nas, )
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Filing 1
COMPLAINT against Ronald Carollo, Conklin, Damico, DeLorenzo, Brandon Devins, Deborah Harris, Laberta, Michael Lalonde, Mosher, Rich Sturgen filed by Steven Osborn. (Attachments: #1 Proposed Summons, #2 envelope)(nas)
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