Heckman v. Dill et al
| Courten Heckman |
| Erica Saxton, David Parish, Michael Wright, Kristopher Harvey, Ken Paperella, Michael Kehale, Bradley Schantz, Melissa Bradt, Philip Smith, Harold Hitchcock, Jeff Nowicki and Danielle Dill |
| 9:2020cv00872 |
| August 4, 2020 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| David N Hurd |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 30, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 8 BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $32.00. (nas, ) |
| Filing 7 NOTICE of Appearance by Lauren Rose Eversley on behalf of Harold Hitchcock, David Parish, Erica Saxton, Michael Wright (Eversley, Lauren) |
| Filing 6 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Erica Saxton served on 9/16/2020, answer due 11/16/2020; David Parish served on 9/16/2020, answer due 11/16/2020; Harold Hitchcock served on 9/16/2020, answer due 11/16/2020; Michael Wright served on 9/16/2020, answer due 11/16/2020. Acknowledgment filed by Erica Saxton; David Parish; Harold Hitchcock; Michael Wright. (Eversley, Lauren) |
| Filing 5 AMENDED COMPLAINT filed by Courten Heckman.(nas, ) |
| Filing 4 Summons Issued as to Harold Hitchcock, David Parish, Erica Saxton, Michael Wright. {copy of summons; order and complaint served on the Office of the Attorney General}(nas, ) |
Filing 3
DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that the following claims SURVIVE sua sponte review and require a response: (1) plaintiff's Fourteenth Amendment due process claim against defendant Saxton based on her imposition of restrictions following the alleged use-of-force incident on July 6, 2020; (2) plaintiff's Fourteenth Amendment excessive force and failure-to-intervene claims against defendants Parish and Wright; and (3) plaintiff's Fourteenth Amendment due process claim against defendant Hitchcock. ORDERED that all remaining Section 1983 claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) for failure to state a claim upon which relief may be granted. ORDERED that the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon the defendants Saxton, Parish, Wright, and Hitchcock. The Clerk shall forward a copy of the summons and complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. Signed by Judge David N. Hurd on 9/8/2020. {order served via regular mail on plaintiff}(nas )
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Courten Heckman.(nas, ) |
| Filing 1 COMPLAINT against Melissa Bradt, Danielle Dill, Kristopher Harvey, Harold Hitchcock, Michael Kehale, Jeff Nowicki, Ken Paperella, David Parish, Erica Saxton, Bradley Schantz, Philip Smith, Michael Wright filed by Courten Heckman. (Attachments: #1 envelope)(nas ) (Main Document 1 replaced on 8/24/2020) (nas, ). |
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