Cossette v. Downstate Correctional Facility et al
| Marcus Cossette |
| Downstate Correctional Facility, Attica Correctional Facility, J. Noeth, John Doe 1, Williams, John Doe 2, S. White, John Doe 5, John Doe 3, John Doe 4 and Department of Corrections and Community Supervision |
| 9:2020cv00882 |
| August 5, 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. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 13, 2020. A more recent docket listing may be available from PACER.
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| Case transferred from New York Northern has been opened in Southern District of New York as case 1:20-cv-06427, filed 08/13/2020. (nas, ) |
Filing 13
ORDER TRANSFERRING CASE to District of Southern New York. It is hereby ORDERED that the Clerk of the Court transfer this action with respect to the causes of action arising from plaintiff's confinement in Downstate C.F. to the United States District Court for the Southern District of New York; and it is further ORDERED that the Clerk of this Court advise the Clerk of the Southern District of New York of the entry of this Order and provide all information necessary for the Clerk of the Southern District to electronically access the documents filed in this action. Signed by Magistrate Judge Therese Wiley Dancks on 8/12/2020. (Copy served via regular mail)(meb)
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| Case transferred electronically to District of Southern NEe York pursuant to Order of Transfer dated 8/12/2020. (meb) |
| Filing 11 Case transferred in from District of New York Western; Case Number 6:20-cv-06045. electronically transferred when case opened |
| Filing 12 Letter checking on the status of this case and giving the name of John Doe 1 filed by Marcus Cossette. (Mailing envelope included) [The Clerk is sending a copy of the docket sheet to plaintiff via regular mail.] (meb) |
| Filing 10 CLERK'S CERTIFICATE/INDEX filed and electronically sent to Court of Appeals. (JHF) [Transferred from New York Western on 8/6/2020.] |
| Filing 9 NOTICE OF APPEAL as to #8 Judgment, #7 Order by Marcus Cossette. (Attachments: #1 Envelope) No fee paid. In forma pauperis previously granted. (JHF) [Transferred from New York Western on 8/6/2020.] |
| Clerk mailed copy of #7 Order and #8 Judgment to pro se plaintiff. (JHF) [Transferred from New York Western on 8/6/2020.] |
| Filing 8 JUDGMENT in favor of Williams, J. Noeth, S. White against Marcus Cossette. Signed by Clerk on 6/5/20. (JHF) [Transferred from New York Western on 8/6/2020.] |
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Filing 7
ORDER dismissing the amended complaints with prejudice. Signed by Hon. Frank P. Geraci, Jr. on 6/5/20. (JHF) [Transferred from New York Western on 8/6/2020.]
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| Filing 6 AMENDED COMPLAINT against All Defendants, filed by Marcus Cossette. (Attachments: #1 Envelope) (JHF) [Transferred from New York Western on 8/6/2020.] |
| Filing 5 AMENDED COMPLAINT against All Defendants, filed by Marcus Cossette. (Attachments: #1 Envelope) (JHF) [Transferred from New York Western on 8/6/2020.] |
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Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Plaintiff's claims against Defendants John Does 1-5 and Downstate Correctional Facility are severed and transferred to the U.S. District Court for the Northern District of New York. The claims against the Attica Correctional Facility and New York State Department of Corrections and Community Supervision, and the state common law claims against J. Noeth, S. White and Dr. Williams are dismissed with prejudice. Clerk shall terminate Defendants John Does 1-5, Downstate Correctional Facility, Attica Correctional Facility and New York Department of Corrections and Community Supervision as parties to this action. Plaintiff granted leave to file an amended complaint as directed by 5/10/20. If Plaintiff fails to file an amended complaint as directed, the Complaint shall be dismissed with prejudice without further order and the Clerk will close the case. 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. Clerk directed to send to Plaintiff with this order a copy of #1 complaint, a blank 1983 complaint form and the instructions for preparing an amended complaint. Signed by Hon. Frank P. Geraci, Jr. on 3/30/20. (JHF) [Transferred from New York Western on 8/6/2020.]
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| Copy of #1 Complaint, #4 Order, a blank 1983 complaint form and the instructions for preparing an amended complaint sent to pro se plaintiff. (JHF) [Transferred from New York Western on 8/6/2020.] |
| Filing 3 MOTION for Service by US Marshal by Marcus Cossette. (JHF) [Transferred from New York Western on 8/6/2020.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Marcus Cossette. (JHF) [Transferred from New York Western on 8/6/2020.] |
| Filing 1 COMPLAINT against Attica Correctional Facility, Department of Corrections and Community Supervision, John Doe 1, John Doe 2, John Doe 3, John Doe 4, John Doe 5, Downstate Correctional Facility, J. Noeth, S. White, Williams, filed by Marcus Cossette. (JHF) [Transferred from New York Western on 8/6/2020.] |
| Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to plaintiff. (JHF) [Transferred from New York Western on 8/6/2020.] |
| 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. (JHF) [Transferred from New York Western on 8/6/2020.] |
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