Jackson v. Acevedo et al
| Thomas Jackson |
| Lieutenant Jhon Cannars, C.O. P. Bailey, C.O. Jhon Acevedo, Dr. V. Monnava, A. Ferguson, Dr. Richard D'Amico, D. Venettozzi, Jamie M. Lamanna, C.O. Jhon Santos, A. Polizz, C.O. Jhon Santiago, C.O. R. Curry, Sergant Jhon Knight, Captain Jhon Bertone, Doctor Jhon Lee, Nurse Jane Doe and C.O. Jhon Brown |
| 9:2020cv01092 |
| September 14, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Brenda K Sannes |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 13 Summons Issued as to Jhon Bertone. {order; summons and copy of complaint served on the Office of the Attorney General}(nas, ) |
Filing 12
DECISION AND ORDER: ORDERED that plaintiff''s Section 1983 claim for money damages against each defendant in his or her official capacity is DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and U.S.C. 1915A(b) as barred by the Eleventh Amendment. ORDERED that the following claims SURVIVE sua sponte review and require a response: (1) plaintiff's retaliation claim against defendant Bertone; and (2) plaintiff's medical indifference claim against defendant Bertone. ORDERED that all remaining 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. ORDERED that the Clerk shall TERMINATE defendants Acevedo, Santiago, Santos, Brown, Bailey, Curry, Knight, Lee, Polizzi, Lamanna, Connors, Ferguson, Monnava, Venettozzi, D'Amico, and Southport Nurse Jane Doe from this action. ORDERED that the Clerk shall issue a summons and forward it, along with a copy of the complaint, to the United States Marshal for service upon defendant Bertone. 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 Brenda K. Sannes on 10/29/2020. (Attachments: #1 case law cited, #2 case law cited, #3 case law cited, #4 case law cited, #5 case law cited, #6 case law cited, #7 case law cited, #8 case law cited, #9 case law cited, #10 case law cited, #11 case law cited, #12 case law cited, #13 case law cited, #14 case law cited){order served via regular mail on plaintiff}(nas )
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| Filing 11 Case transferred in from District of New York Southern; Case Number 7:20-cv-06655. electronically transferred when case opened |
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Filing 10
INFORMATION PACKAGE MAILED to Thomas Jackson, DIN No. 12A3039, at Clinton Correctional Facility, P.O. Box 2001, Dannemora, NY 12929, on 9/8/2020 Re: #9 Valentin Order via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (bwa) [Transferred from New York Southern on 9/14/2020.]
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| Mailed a copy of #9 Valentin Order, #2 Complaint, to New York State Attorney General at: 28 Liberty Street, New York, N.Y. 10005. (dsh) [Transferred from New York Southern on 9/14/2020.] |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Captain Bertone, Dr. Lee, Hearing Officer A. Polizzi, Superintendent Jamie LaManna, Lieutenant Connors, Dr. Mannova, Nurse Ferguson, Dr. Richard D'Amico, Southport Correctional Facility Nurse Jane Doe, New York State Department of Corrections abd Community Supervision (DOCCS) Director of the Special Housing D. Venettozzi only, from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York.(ama) [Transferred from New York Southern on 9/14/2020.] |
| Transmission to Office of the Clerk of Court. Transmitted re: #9 Valentin Order,,,,,, to the Office of the Clerk of Court for processing..(ama) [Transferred from New York Southern on 9/14/2020.] |
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Filing 9
PARTIAL TRANSFER ORDER & VALENTIN ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package.The Clerk of Court is further directed to sever the claims against Defendants Captain Bertone, Dr. Lee, Hearing Officer A. Polizzi, Superintendent Jamie LaManna, Lieutenant Connors, Dr. Monnova, Nurse Ferguson, Dr. Richard D'Amico, Southport Correctional Facility Nurse Jane Doe, New York State Department of Corrections and Community Supervision (DOCCS) Director of Special Housing D. Venettozzi, and transfer the action involving those defendants, under 28 U.S.C. 1404(a), to the United States District Court for the Northern District of New York. Finally, the Clerk of Court is directed to mail a copy of this order and the complaint to the Office of the New York State Attorney General at: 28 Liberty Street, New York, N.Y. 10005. An amended complaint form is attached to this order. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Cathy Seibel on 9/04/2020) (ama) Transmission to Pro Se Assistants for processing. [Transferred from New York Southern on 9/14/2020.]
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| Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) [Transferred from New York Southern on 9/14/2020.] |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Unassigned is no longer assigned to the case..(wb) [Transferred from New York Southern on 9/14/2020.] |
| Mailed a copy of #7 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Clinton Correctional Facility at 1156 Rt. 374, P.O. Box 2000, Dannemora, NY 12929-2000; Thomas Jackson atnDIN No. 12A3039, Clinton Correctional Facility, P.O. Box 2001, Dannemora, NY 12929. (dsh) [Transferred from New York Southern on 9/14/2020.] |
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Filing 7
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Colleen McMahon on 8/21/2020) (vn) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 9/14/2020.]
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Filing 6
ORDER TO SHOW CAUSE FOR AN PRELIMINARY INJUNCTION & A TEMPORARY RESTRAINING ORDER. filed by Thomas Jackson..(ks) [Transferred from New York Southern on 9/14/2020.]
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| Filing 5 DECLARATION IN SUPPORT OF PLAINTIFF MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY. Document filed by Thomas Jackson..(ks) [Transferred from New York Southern on 9/14/2020.] |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Thomas Jackson..(ks) [Transferred from New York Southern on 9/14/2020.] |
| Filing 3 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. Document filed by Thomas Jackson..(ks) [Transferred from New York Southern on 9/14/2020.] |
| Filing 2 COMPLAINT against Jhon Acevedo, P. Bailey, Jhon Bertone, Jhon Brown, Jhon Cannars, R. Curry, Richard D'Amico, Nurse Jane Doe, A. Ferguson, Jhon Knight, Jamie M. LaManna, Doctor Jhon Lee, V. Monnava, A. Polizz, Jhon Santiago, Jhon Santos, D. Venettozzi. Document filed by Thomas Jackson..(ks) [Transferred from New York Southern on 9/14/2020.] |
| Filing 1 DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Thomas Jackson. (Attachments: #1 Exhibit).(ks) [Transferred from New York Southern on 9/14/2020.] |
| Case Designated ECF. (ks) [Transferred from New York Southern on 9/14/2020.] |
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