Delgado v. Annucci et al
| Michael Delgado |
| Corrections Sergeant G. Hill, Mark . Taylor, Donald Venettozzi, First Name Unknown Devlin, John Doe, First Name Unknown Nolette, First Name Unknown Cabrera, Capt. Paul Piccolo, Jared L. Hartman, Paul Chappius, Jr., First Name Unknown Lawyer, Anthony Annucci, D. Chapman, C.O. Nolette, Sergeant John Doe, C.O. Cabrera, C.O. John Doe #1, C.O. Devlin, C.O. John Doe #2 and C.O. Lawer |
| 9:2021cv00120 |
| February 1, 2021 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| 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 19, 2023. A more recent docket listing may be available from PACER.
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Filing 9
Letter Request for a deadline to file an amended complaint filed by Michael Delgado. (Mailing envelope included) (meb)
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Filing 8
MOTION to Appoint Counsel filed by Michael Delgado. (Mailing envelope included)(meb)
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Filing 7
Summons Issued as to C.O. Cabrera, C.O. Devlin, C.O. Lawer. (Documents sent to the NYS AG in compliance with the #6 Decision and Order) (meb)
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Filing 6
DECISION AND ORDER: 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. 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. ORDERED that the Clerk of the Court is directed to terminate the following individuals from the docket report: Anthony Annucci, Donald Venettozzi, Paul Chappius, Jr., Capt. Paul Piccolo, D. Chapman, Corrections Sergeant G. Hill, Mark Taylor, and Jared L. Hartman. ORDERED, that pursuant to the Court's review under 28 U.S.C. 1915 and 1915A, Plaintiff's claims for monetary damages against Defendants, in their official capacity, are DISMISSED with prejudice for failure to comply with the pleading standards and state a claim. ORDERED that the following 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: (1) Eighth Amendment claims against Lawer and Devlin related to threats and harassment; (2) Eighth Amendment conditions-of-confinement claims against Nolette and Devlin; and (3) First Amendment retaliation claim against Cabrera. ORDERED that the following claims are survive the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and require a response (1) FourthAmendment claims against Doe 1, Doe 2, and Sgt. Doe; (2) Eighth Amendment excessive force and failure-to-intervene claims against Lawer and Cabrera; (3) Eighth Amendment conditions-of-confinement claim against Cabrera; and (4) First Amendment retaliation claim against Devlin. ORDERED that Nolette is DISMISSED as a defendant herein. ORDERED that Plaintiff shall take reasonable steps through discovery to ascertain the identity of the Doe defendants. Plaintiff'sfailure to timely serve those defendants will result in dismissal of the claims asserted against them and termination of those defendants from the action. ORDERED that the Clerk shall issue a summonses and forward them, along withcopies of the Complaint, to the United States Marshal for service upon the remaining defendants. The Clerk shall forward a copy of the summonses and Complaint to the Office of the Attorney General, together with a copy of this Decision and Order. Signed by U.S. District Judge Mae A. D'Agostino on 3/15/2021. {order served via regular mail on plaintiff}(nas)
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Provided Superintendent of notice of instant action and copy of inmate authorization form - copies of same provided to Financial Deputy. (nas, )
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Filing 5
Case transferred in from District of New York Western; Case Number 6:20-cv-06228. electronically transferred when case opened
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Filing 4
DECISION AND ORDER. Signed by Hon. Elizabeth A. Wolford on 2/1/2021. Claims four, five and nine arising from alleged events at the Clinton Correctional Facility, asserted against defendants Devlin, Lawyer, Cabrera, and Nolette,and various John Doe defendants, are severed and transferred to the United States District Court for the Northern District of New York. A copy of this Order, a copy of the original complaint, a blank 1983 complaint form, and theinstructions for preparing an amended complaint have been mailed to the Plaintiff. If Plaintiff does not file an amended complaint as directed above,the Clerk of Court is directed to cause the United States Marshals Service to serve copies of the summons, complaint and this Decision and Order upon defendants Hill, Taylor and Hartman without Plaintiffs payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in Plaintiffs favor. (BK) [Transferred from New York Western on 2/2/2021.]
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Filing 3
MOTION for Service by US Marshal by Michael Delgado. (BK) [Transferred from New York Western on 2/2/2021.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis and INMATE AUTHORIZATION FORM by Michael Delgado. (BK) [Transferred from New York Western on 2/2/2021.] Modified on 2/2/2021 (nas, ).
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Filing 1
COMPLAINT against All Defendants, filed by Michael Delgado. (BK) [Transferred from New York Western on 2/2/2021.]
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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 2/2/2021.]
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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 2/2/2021.]
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