del Valle v. Leonard
| Ralph del Valle |
| Leonard |
| 9:2020cv01369 |
| November 5, 2020 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Daniel J Stewart |
| 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 January 24, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 9 Summons Issued as to Leonard. (Service packet forwarded to the Marshals) (meb) |
| Filing 8 DECISION AND ORDER: It is hereby ORDERED that Plaintiff's in forma pauperis application (Dkt. No. #6 ) is GRANTED; and it is further ORDERED that the Clerk provide the Superintendent of the facility, designated by Plaintiff as his current location, with a copy of Plaintiff's inmate authorization form, and notify the official that this action has been filed and that Plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED that the Clerk of the Court provide a copy of Plaintiff's inmate authorization form to the Financial Deputy of the Clerk's Office; and it is further ORDERED that the Eighth Amendment deliberate medical indifference 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; and it is further ORDERED that the Eighth Amendment excessive force claims and First Amendment retaliation claim survive the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 1915A(b) and require a response; and it is further ORDERED that the Clerk shall issue a summons and forward it, along with copies of the Complaint, to the United States Marshal for service upon the defendant. The Clerk shall forward a copy of the summons and Complaint to the Office of the Attorney General, together with a copy of this Decision and Order; and it is further ORDERED that a response to the Complaint be filed by the defendant, or his/her counsel, as provided for in the Federal Rules of Civil Procedure; and it is further ORDERED that Plaintiff's motion for a preliminary injunction (Dkt. No. #4 ) is DENIED. Signed by U.S. District Judge Mae A. D'Agostino on 12/22/2020. (Copy served via regular mail)(meb) |
| Notification to Superintendent of Filing - Provided Superintendent at Mid-State Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
| Filing 7 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 U.S. District Judge Mae A. D'Agostino on 11/16/2020. (Copy served via regular mail)(meb) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Ralph del Valle. (Attachments: #1 Prisoner account statement)(meb) |
Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that plaintiff's IFP application is DENIED as incomplete; and it is further ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that, if plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, either (1) pay the $400.00 filing fee in full; or (2) submit a completed and signed IFP application; and it is further ORDERED that upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review; and it is further ORDERED that the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application. Signed by U.S. District Judge Mae A. D'Agostino on 11/5/2020. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 4 MOTION for Preliminary Injunction and a Temporary Restraining Order filed by Ralph del Valle. (meb) |
| Filing 3 INMATE AUTHORIZATION FORM filed by Ralph del Valle. (meb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Ralph del Valle. (Attachments: #1 Proposed Summons)(meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Leonard filed by Ralph del Valle. (Attachments: #1 Civil Cover Sheet, #2 Cover letter and mailing envelope)(meb) |
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| Plaintiff: Ralph del Valle | |
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