Sitts v. Delaware County Correctional Facility et al
| James C. Sitts |
| Delaware County Correctional Facility, Cory Bene and Simmons |
| 9:2020cv01475 |
| December 2, 2020 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Thomas J McAvoy |
| 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 July 11, 2022. A more recent docket listing may be available from PACER.
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Filing 10
MOTION to Appoint Counsel filed by James C. Sitts.(nas, )
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Filing 9
Summons Issued as to Cory Bene, Biggar, Goff, Simmonds. {copy of summons; order and complaint served on the Office of Delaware County Atty}(nas, )
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Filing 8
DECISION AND ORDER: ORDERED that the Clerk of the Court shall ADD to the docket, as defendants, Sergeant Biggar and Corporal Goff. ORDERED that #5 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's complaint (Dkt. No. 1) is ACCEPTED for filing only to the extent it asserts (1) excessive force and failure to intervene claims against defendants Simmonds and Bene; (2) a deliberate medical indifference claim against defendant Simmonds; and (3) retaliation against defendants Biggar and Goff. ORDERED that, except as to the foregoing, the claims asserted in plaintiff's complaint are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted, except that plaintiff's claims asserted against Delaware County Correctional Facility are DISMISSED with prejudice. ORDERED that the Clerk of the Court shall TERMINATE Delaware County Correctional Facility from the docket as a defendant. ORDERED that the Clerk shall issue summonses and forward them, along with a copy of the complaint, to the United States Marshal for service of process upon defendants Simmonds, Bene, Biggar, and Goff. The Clerk shall forward a copy of the summonses and complaint by mail to the County Attorney for Delaware County, together with a copy of this Decision and Order. Signed by Senior Judge Thomas J. McAvoy on 1/13/2021. {order served via regular mail on plaintiff}(nas )
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Notification to Superintendent of Filing - Provided Sheriff at Delaware County Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, )
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Filing 7
Letter from Sitts requesting a copy of his complaint. Copy provided. (nas, )
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Filing 6
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 Senior Judge Thomas J. McAvoy on 12/14/2020. {text order served via regular mail on plaintiff}(nas, )
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Filing 5
MOTION for Leave to Proceed in forma pauperis filed by James C. Sitts.(nas, )
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP application is DENIED as incomplete. ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action. 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 $402.00 filing fee in full; or (2) submit a completed and signed IFP application. Signed by Senior Judge Thomas J. McAvoy on 12/3/2020. {order and blank ifp form served via regular mail on plaintiff}(nas)
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Filing 3
INMATE AUTHORIZATION FORM by James C. Sitts. (nas, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by James C. Sitts.(nas, )
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Filing 1
COMPLAINT against Cory Bene, Delaware County Correctional Facility, Simmons filed by James C. Sitts. (Attachments: #1 Proposed Summons, #2 cover letter, #3 envelope, #4 Civil Cover Sheet)(nas )
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