Parker v. Donnelly et al
| Marquis Lenox Parker |
| Donnelly, D. Venettozzi, B. Schwab, John Doe #1, Auburn Correctional Facility, John Doe #2 and E. Allen |
| 9:2021cv00130 |
| February 4, 2021 |
| 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 |
| None |
Docket Report
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| FOR PARTIAL TRANSFER OUT: Case transferred from New York Northern has been opened in U.S. District Court, Western District of New York as case 6:21-cv-06279, filed 03/29/2021. (nas, ) |
| Filing 7 Summons Issued as to Donnelly. (Documents sent to the NYS AG in compliance with the #5 Memorandum-Decision and Order.) (meb) |
| Filing 6 Notification to Superintendent of Filing - Provided Superintendent at Upstate Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
Filing 5
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED, that Plaintiff's in forma pauperis application (Dkt. No. #2 ) 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 pursuant to Fed. R. Civ. P. 21 and 28 U.S.C. 1404(a), the following defendants and all claims against them, are severed and transferred to the Western District of New York: John Doe #1 and John Doe #2; and it is further ORDERED, that no ruling is made as to the sufficiency of the Complaint with respect to the claims that have been severed and transferred to the Western District, leaving that determination to the Western District of New York; and it is further ORDERED, that the Clerk shall advise the Clerk of the Western District of New York, in writing, of the entry of this Decision and Order and provide the Clerk with a certified copy of this Decision and Order and of the docket report for this action, together with all information necessary for the Clerk of the Western District of New York to electronically access the documents filed in this action; and it is further ORDERED, that the fourteen (14) day waiting period provided for in Local Rule 83.6 is hereby waived; and it is further ORDERED, that the Clerk shall remove the following defendants from the docket: John Doe #1 and John Doe #2; and it is further ORDERED, that the Fourteenth Amendment due process claims against Allen,Schwab, and Venettozzi are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief may be granted; and it is further ORDERED that the Fourteenth Amendment due process claim against Donnelly survives the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 1915A(b) and requires a response; and it is further ORDERED, that Allen, Schwab, and Venettozzi are TERMINATED as defendants herein; 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 remaining 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 remaining 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 service by the U.S. Marshal (Dkt. No. #4 ) is denied as moot. Signed by Senior Judge Lawrence E. Kahn on 3/29/2021. (Copy served via regular mail)(meb)
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| Case transferred electronically to the Western District of New York pursuant to the Memorandum-Decision and Order filed on 3/29/2021. (meb) |
| Filing 4 Letter Request for the U.S. Marshals to complete service filed by Marquis Lenox Parker. (meb) |
| Filing 3 INMATE AUTHORIZATION FORM filed by Marquis Lenox Parker. (meb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Marquis Lenox Parker.(meb) |
| Filing 1 COMPLAINT against E. Allen, Auburn Correctional Facility, Donnelly, John Doe #1, John Doe #2, B. Schwab, D. Venettozzi filed by Marquis Lenox Parker. (Attachments: #1 Civil Cover Sheet, #2 Cover letter and mailing envelope)(meb) |
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