Worley v. State of New York et al
| Michael Worley |
| State of New York, Lennon, Antal Troy and John Doe |
| 9:2020cv01559 |
| December 16, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 9 Summons Issued as to Antal Troy. (meb) Modified on 2/12/2021. Copy sent to the NYS AG pursuant to the #8 Order (meb). |
Filing 8
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED, that Plaintiff's IFP application (Dkt. No. #5 ) is GRANTED. The Clerk shall provide the superintendent of the prison facility in which Plaintiff is currently confined, with a copy of Plaintiff's inmate authorization form (Dkt. No. #5 -1), 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 1915; and it is further ORDERED, that the Clerk shall provide a copy of Plaintiff's inmate authorization form (Dkt. No. #5 -1) to the Financial Deputy of the Clerk's Office; and it is further ORDERED, that Plaintiffs Complaint (Dkt. No. #1 ) is ACCEPTED for filing only to the extent that it asserts excessive force, unlawful search, and false arrest claims against Troy and John Doe; and it is further ORDERED, that except as to the foregoing, the claims asserted in Plaintiff's Complaint are DISMISSED without prejudice for failure to state a claim upon which relief may be granted pursuant to 1915(e)(2)(B)(ii), except that all claims asserted against defendant State of New York are DISMISSED with prejudice; and it is further ORDERED, that the Clerk shall TERMINATE Defendants State of New York and Lennon as parties to the action; and it is further ORDERED, that Plaintiff shall take reasonable steps through discovery to ascertain the identity of John Doe, against whom Plaintiff's excessive force and unlawful search claims are asserted. Plaintiff's failure to timely serve that defendant will result in dismissal of the claims asserted against him or her and termination of that defendant from the action; and it is further 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 of process upon Troy. 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; and it is further ORDERED, that a response to the Complaint shall be filed by Troy, or her counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Lawrence E. Kahn on 2/10/2021. (Copy served via regular mail)(meb)
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| Notification to Superintendent of Filing - Provided Superintendent at Five Points Correctional Facility with notice of instant action and a copy of Plaintiff's #5 -1 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
| Filing 7 Case transferred in from District of New York Western; Case Number 6:20-cv-06709. electronically transferred when case opened |
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Filing 6
ORDER transferring this matter to the Northern District of New York.. Signed by Hon. Charles J. Siragusa on 12/14/20. (KAP) Copy of this NEF and order mailed to pro se plaintiff at Five Points.-CLERK TO FOLLOW UP- [Transferred from New York Western on 12/16/2020.]
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by Michael Worley and INMATE AUTHORIZATION FORM (BK) [Transferred from New York Western on 12/16/2020.] Modified on 12/16/2020 (nas, ). |
| Filing 4 JUDGMENT in favor of Lennon, State of New York, Antal Troy against Michael Worley. Signed by Mary C. Loewenguth, Clerk of Court on 9/21/2020. (JLV) Copy mailed to pro se petitioner, along with Doc. No. #3 Order, and Motion to Proceed in forma pauperis and supporting affirmation. [Transferred from New York Western on 12/16/2020.] |
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Filing 3
ORDER. IT IS HEREBY ORDERED that Plaintiff's application to proceed in forma pauperis is DENIED without prejudice; and it is further ORDERED that the Clerk of Court shall administratively terminate this action without filing the Complaint or assessing a filing fee; and it is further ORDERED that the Clerk of Court is directed to send to Plaintiff a form motion to proceed in forma pauperis with supporting affirmation; and it is further ORDERED that if Plaintiff wishes to reopen this action, he shall so notify this Court, in writing, no later than thirty days from the date of this Order. This writing must include either (1) the required certification of Plaintiff's inmate trust fund account (or the institutional equivalent), or (2) the $350.00 filing fee and the $50.00 administrative fee ($400.00 total); and it is further ORDERED that upon Plaintiff's submission of either (1) the required certification of Plaintiff's inmate trust fund account, or (2) the $350.00 filing fee and the $50.00 administrative fee ($400.00 total), the Clerk of Court shall reopen this case. Signed by Hon. Charles J. Siragusa on 09/18/2020. (JCL)-CLERK TO FOLLOW UP- [Transferred from New York Western on 12/16/2020.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael Worley. (BK) [Transferred from New York Western on 12/16/2020.] |
| Filing 1 COMPLAINT against All Defendants, filed by Michael Worley. (Attachments: #1 Envelope) (BK) [Transferred from New York Western on 12/16/2020.] |
| The Pro Se Packet including: the Privacy Notice, Consent to Proceed before a Magistrate Judge and the Civil Case Timeline have been mailed to the Plaintiff. (BK) [Transferred from New York Western on 12/16/2020.] |
| 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. (BK) [Transferred from New York Western on 12/16/2020.] |
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