Cox v. Morley et al
| Sampson Cox |
| Nurse Administator Diane Hinton, Dermathologist Miranda Zander, Andrew M. Cuomo, William Keyser, Chief Doctor Carl J. Koenisgsmann, Doctor Yelena Korobkova, Nurse Judith Ann Camara, Nurse Carol Chiocchi, Medical Personnel Jane Doe #3, Dr. David Karandy, John Morley, Physician Susan Delvin-Varin, Medical Personnel Jane Doe #2, Medical Personnel Jane Doe #1, Nurse Kyle Henry, Nurse Abigail Yerkes, Anthony J. Annucci, Nurse Assistant Constance Lescano and Mikhail Gusman |
| 9:2020cv01235 |
| October 7, 2020 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Christian F Hummel |
| Gary L Sharpe |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 19
DECISION AND ORDER: ORDERED that plaintiff's Section 1983 claims for money damages against each of the named defendants in his or her official capacity are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) as barred by the Eleventh Amendment. ORDERED that plaintiff's remaining Section 1983 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, if plaintiff wishes to proceed with this action he must file an amended complaint within thirty (30) days of the filing date of this Decision and Order as set forth above. ORDERED that, upon the filing of an amended complaint as directed above, the Clerk shall return the file to this Court for further review. ORDERED that, in the event plaintiff fails to file a signed amended complaint within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without prejudice due to plaintiff's failure to state a claim upon which relief can be granted and to comply with the terms of this Decision and Order, without further order of this Court. Signed by Senior Judge Gary L. Sharpe on 11/18/2020. ( Notice of Compliance Deadline 12/18/2020, Case Review Deadline 1/19/2021){order served via regular mail on plaintiff} (nas )
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| Filing 18 Submission from the Southern District of New York enclosing recent filings from Plaintiff. (nas, ) |
| Filing 17 Case transferred in from District of New York Southern; Case Number 7:20-cv-07381. electronically transferred when case opened |
| Mailed a copy of #15 Order on Application for the Court to Request Counsel, to Sampson Cox, DIN 13-A-1519, Great Meadow Correctional Facility, Box 51, Comstock, NY 12821-0051. (dsh) [Transferred from New York Southern on 10/7/2020.] |
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Filing 16
PARTIAL TRANSFER ORDER & ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Court denies the order to show cause and the motion for permissive joinder of defendants under Federal Rule of Civil Procedure 20(a)(2), and the Clerk of Court is directed to terminate them. (ECF Nos. 4, 7.) The Clerk of Court is further directed to sever the claims against Dr. David Kanady, Dr. Susan Devlin-Varin, Chief Doctor John Morley, Chief Doctor Carol Koenigsmann, Dermatologist Miranda Zander, Acting Commissioner Anthony Annucci, and Governor Andrew Cuomo, 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. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Defendants Dr. Mikhail Gusman, Dr. Yelena Korobkova, Nurse Assistant Constance Lescano, Nurse Kyle Henry, Nurse Judith Ann Camara, Nurse Abigail Yerkes, Nurse Administrator Diane Hinton, Nurse Carol Chiocci, and Superintendent William Keyser and deliver all documents necessary to effect service to the U.S. Marshals Service. 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). Party Susan Delvin-Varin, David Karandy, Carl J. Koenisgsmann, John Morley, Miranda Zander, Anthony J. Annucci and Andrew M. Cuomo (individually and in their official capacities) terminated. (Signed by Judge Nelson Stephen Roman on 10/6/2020) (mro) Transmission to Pro Se Assistants for processing. Modified on 10/7/2020 (mro). [Transferred from New York Southern on 10/7/2020.]
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Filing 15
ORDER DENYING REQUEST FOR PRO BONO COUNSEL denying without prejudice #14 Application for the Court to Request Counsel. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The motion for pro bono counsel is denied without prejudice, and the Clerk of Court is directed to terminate it. (ECF No. 14.) 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 in forma pauperis 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). (Signed by Judge Nelson Stephen Roman on 10/6/2020) (mro) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/7/2020.]
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| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Dr. David Kanady, Dr. Susan Devlin-Varin, Chief Doctor John Morley, Chief Doctor Carol Koenigsmann, Dermatologist Miranda Zander, Acting Commissioner Anthony Annucci, and Governor Andrew Cuomo only, from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York. (mro) [Transferred from New York Southern on 10/7/2020.] |
| Filing 14 NOTICE OF MOTION, re: Application for the Court to Request Counsel. Document filed by Sampson Cox.(sc) [Transferred from New York Southern on 10/7/2020.] |
| Filing 13 DECLARATION(letter)from Sampson Cox, dated 9/28/20 re: I respectfully told Superintendent Miller that medical care is intentionally being ignored by medical staff here at Great Meadow Correctional Facility. Document filed by Sampson Cox.(sc) Modified on 10/6/2020 (sc). Modified on 10/6/2020 (sc). [Transferred from New York Southern on 10/7/2020.] |
| Filing 12 LETTER from Sampson Cox, dated 9/26/20 re: Enclosed please find addressed to Defendants John Morley and Doctor Karandy(as indicated). Please apply to case for Injunction/ Preliminary Restraining Order. Document filed by Sampson Cox.(sc) [Transferred from New York Southern on 10/7/2020.] |
| Filing 11 LETTER from Sampson Cox, dated 9/24/20 re: Enclosed please find supporting correspondence sent to Governor Andrew Cuomo, Defendant(as indicated). On 9/24/20, correspondence sent to Governor Andrew Cuomo is in support of my written and submitted request for a preliminary injunction/ temporary restraining order which was submitted to your Court on 9/8/20. Document filed by Sampson Cox.(sc) [Transferred from New York Southern on 10/7/2020.] |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Sampson Cox 13-A-1519 Great Meadow Correctional Facility Box 51 Comstock, NY 12821-0051 on 9/24/2020. (aan) [Transferred from New York Southern on 10/7/2020.] |
| Filing 10 LETTER from Sampson Cox, dated 9/20/20 re: I submitted my Civil Complaint on 8/30/20 along with medical and correspondence from DOCCS and Governor, Commissioner, and Exhibits. I did not have enough postage the first time. I re-submitted my Civil Complaint, Summons and Exhibits on 8/31/20 to your Court. I would appreciate the acknowledgment of such service to your Court etc. Document filed by Sampson Cox.(sc) [Transferred from New York Southern on 10/7/2020.] |
| Request for Copy of the updated Docket Sheet Received: Re #10 Letter,. Request for Docket Report, from Sampson Cox received on 9/23/19. Transmission to Pro Se Assistants for processing. (sc) [Transferred from New York Southern on 10/7/2020.] |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case..(bcu) [Transferred from New York Southern on 10/7/2020.] |
| 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. (bcu) [Transferred from New York Southern on 10/7/2020.] |
| Mailed a copy of #9 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Great Meadow Correctional Facility, 11739 State Route 22, Box 51, Comstock, NY 12821-0051 and to Sampson Cox,DIN 13-A-1519 at Great Meadow Correctional Facility, Box 51, Comstock, NY 12821-0051. (dsh) [Transferred from New York Southern on 10/7/2020.] |
| Filing 8 DECLARATION of Sampson Cox in Support re: #7 MOTION for an Order purs. to Rule 20(a)(2) permitting a plaintiff to join multiple defendants in one action if any right to relief is asserted against them jointly, severally etc. Document filed by Sampson Cox. (sc) [Transferred from New York Southern on 10/7/2020.] |
| Filing 7 NOTICE OF MOTION, re: for an Order purs. to Rule 20(a)(2) permitting a plaintiff to join multiple defendants in one action if any right to relief is asserted against them jointly, severally etc. Document filed by Sampson Cox.(sc) [Transferred from New York Southern on 10/7/2020.] |
| Filing 6 LETTER from Sampson Cox, dated 9/14/20 re: "ENCLOSED FIND RELEVANT MEDICAL COPIES AS EXHIBIT A (5 Pages as indicated)" - Please refer to prior case 7:18cv10152-KMK. This case was dismissed by me in hopes that DOCCS would honor my highly serious medical problem. Document filed by Sampson Cox.(sc) [Transferred from New York Southern on 10/7/2020.] |
| Filing 5 LETTER from Sampson Cox, dated 9/14/20 re: "CIVIL RIGHTS COMPLAINT SUBMITTED ON 8/30/20 TO THE ABOVE LISTED DISTRICT COURT "- COX V. MORLEY ET AL. - Enclosed please find relevant exhibits for Medical as Exhibit A(9 pages). Also, find Decision Order & Judgment, Index No. 1921-18 Material as Exhibit B CC. Document filed by Sampson Cox.(sc) [Transferred from New York Southern on 10/7/2020.] |
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Filing 9
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 9/16/2020) (vn) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/7/2020.]
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Filing 4
ORDER TO SHOW CAUSE(Motion)FOR A PRELIMINARY INJUNCTION & A TEMPORARY RESTRAINING ORDER. Document filed by Sampson Cox.(sc) [Transferred from New York Southern on 10/7/2020.]
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Sampson Cox..(rdz) [Transferred from New York Southern on 10/7/2020.] |
| Filing 2 COMPLAINT against Anthony J. Annucci, Judith Ann Camara, Carol Chiocchi, Andrew M. Cuomo, Susan Delvin-Varin, Mikhail Gusman, Kyle Henry, Diane Hinton, David Karandy, William Keyser, Carl J. Koenisgsmann, Yelena Korobkova, Constance Lescano, Medical Personnel Jane Doe #1, Medical Personnel Jane Doe #2, Medical Personnel Jane Doe #3, John Morley, Abigail Yerkes. Document filed by Sampson Cox.(rdz) [Transferred from New York Southern on 10/7/2020.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Sampson Cox..(rdz) (Main Document 1 replaced on 9/10/2020) (rdz). [Transferred from New York Southern on 10/7/2020.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 10/7/2020.] |
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