Bellamy v. Annucci et al
| James Bellamy |
| MD John Bendheim, Downstate Correctional Facility, Dr. Hentschel, Attica Correctional Facility, Clinton Correctional Facility, Anthony J. Annucci, Department of Corrections and Community Supervision (DOCCS), E. Vedder, Jon Doe, Central Office Review Committee (DOCCS), NP Barbara Lahrs, Dr. Carl Koenigsmann, Vonda Johnson, MD Mario Malvarosa, Inmate Grievance Supervisor, Great Meadow Correctional Facility, NP Susan Devlin-Varin, Shelley M. Mallozzi, Michael Washington and John Serhan |
| 9:2021cv00251 |
| March 4, 2021 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| David N Hurd |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.
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Filing 13
DECISION AND ORDER: It is ORDERED that the Clerk shall revise the docket to reflect that John Serhan, Michael Washington, Shelley M. Mallozzi, DOCCS, CORC, and Inmate Grievance Supervisor are defendants in this action against whom plaintiff's complaint asserts claims arising in this District; Plaintiff's complaint (Dkt. No. #1 ) is ACCEPTED for filing only to the extent that it asserts (1) Eighth Amendment deliberate medical indifference claims against defendants Koenigsmann, Devlin-Varin, Johnson, and Serhan; and (2) ADA and Rehabilitation Act claims against defendant DOCCS, Jon Doe, Michael Washington, and John Serhan; Except as to the foregoing, the claims asserted in the complaint are DISMISSED without prejudice pursuant to 28 U.S.C. 1915 and 28 U.S.C. 1915A for failure to state a claim upon which relief may be granted; Plaintiff shall take reasonable steps through discovery to ascertain the identity of defendant Great Meadow C.F. Superintendent Jon Doe, against whom plaintiff's ADA and Rehabilitation Act claims are asserted. Plaintiff's failure to timely serve that defendant will result in dismissal of the claims asserted against him and termination of that defendant from the action; In light of the length of plaintiff's complaint and attached exhibits, in order to effectuate service of process on defendants, plaintiff shall provide the Court with six complete copies of the complaint, along with the attached exhibits, within 30 days of the date of this Decision and Order; Upon receipt of the copies of the complaint and exhibits as directed above, the Clerk shall issue summonses and forward them, along with copies of the complaint and exhibits, to the United States Marshal Service for service of process upon defendants Koenigsmann, Devlin-Varin, Johnson, Serhan, DOCCS, and Washington. The Clerk shall forward a copy of the summonses and complaint and exhibits by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order; The Clerk shall TERMINATE from the docket defendants Annucci, Vedder, Great Meadow C.F., Clinton C.F., CORC, and Shelley Mallozzi; and the Clerk shall serve a copy of this Decision and Order on plaintiff. Signed by Judge David N. Hurd on April 13, 2021. {Notice of Compliance Deadline 5/14/2021}.(Copy served via regular mail on plaintiff along with a copy of his #1 Complaint for copying).(rep)
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Filing 12
Case transferred in from District of New York Western; Case Number 6:20-cv-06568. electronically transferred when case opened
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Clerk mailed a copy of #11 Order, #1 Complaint, blank 1983 complaint form and amended complaint instructions to Plaintiff (CGJ) [Transferred from New York Western on 3/4/2021.]
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Filing 11
CORRECTED ORDER (Docket entry No. 10 should be disregarded as it referred to the wrong motion number) Plaintiffs application to proceed in forma pauperisis granted; FURTHER, that all claims regarding the Great Meadow and the ClintonCorrectional Facilities are severed and transferred to the United States District Court fo the Northern District of New York; FURTHER, that all claims regarding the Downstate Correctional Facility are severed and transferred to the United States District Court for the Southern District of New York; FURTHER, that all claims against the Central Office Review Committee (CORC) are dismissed and the Clerk of Court is directed to terminate Defendant as a party to thisaction; FURTHER, that as no claims against Defendants Vedder, John DoeSuperintendent of Great Meadow, Bendheim, Malvarosa, Devlin-Varin and Johnsonremain in this District, the Clerk of Court is directed to terminate them as a Defendants to this action; FURTHER, that Plaintiffs remaining Attica claims are dismissed, and that Plaintiff is granted leave to file an amended complaint as directed above by forty-five (45) days from the date of this Order; FURTHER, that the Clerk of Court is directed to send to Plaintiff with this Order a copy of the original Complaint, a blank 1983 complaint form, and the instructions for preparing an amended complaint; FURTHER, that if Plaintiff fails to file an amended complaint as directed, that all claims regarding Attica Correctional Facility are dismissed with prejudice for failure to state a claim on which relief may be granted without further order of the Court; and FURTHER, that if Plaintiff fails to file an amended complaint as directed, the Courthereby certifies, pursuant to 28 U.S.C. 1915(a), that any appeal from this Order wouldnot be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal in forma pauperis should be directed on motion to the United States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federal Rules of Appellate Procedure. Signed by Hon. Charles J. Siragusa on 03/03/2021. (MJK)-CLERK TO FOLLOW UP- [Transferred from New York Western on 3/4/2021.]
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Filing 10
ORDER Plaintiffs application to proceed in forma pauperis (ECF No. 2)is granted;FURTHER, that all claims regarding the Great Meadow and the ClintonCorrectional Facilities are severed and transferred to the United States District Court fo the Northern District of New York; FURTHER, that all claims regarding the Downstate Correctional Facility are severed and transferred to the United States District Court for the Southern District of New York; FURTHER, that all claims against the Central Office Review Committee (CORC) are dismissed and the Clerk of Court is directed to terminate Defendant as a party to thisaction; FURTHER, that as no claims against Defendants Vedder, John DoeSuperintendent of Great Meadow, Bendheim, Malvarosa, Devlin-Varin and Johnsonremain in this District, the Clerk of Court is directed to terminate them as a Defendants to this action; FURTHER, that Plaintiffs remaining Attica claims are dismissed, and that Plaintiff is granted leave to file an amended complaint as directed above by forty-five (45) days from the date of this Order; FURTHER, that the Clerk of Court is directed to send to Plaintiff with this Order a copy of the original Complaint, a blank 1983 complaint form, and the instructions for preparing an amended complaint; FURTHER, that if Plaintiff fails to file an amended complaint as directed, that all claims regarding Attica Correctional Facility are dismissed with prejudice for failure to state a claim on which relief may be granted without further order of the Court; and FURTHER, that if Plaintiff fails to file an amended complaint as directed, the Courthereby certifies, pursuant to 28 U.S.C. 1915(a), that any appeal from this Order wouldnot be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal in forma pauperis should be directed on motion to the United States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federal Rules of Appellate Procedure. Signed by Hon. Charles J. Siragusa on 03/03/2021. (MJK)-CLERK TO FOLLOW UP- [Transferred from New York Western on 3/4/2021.]
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Filing 9
Prisoner Civil Action Filing Fee Authorization. (BK) [Transferred from New York Western on 3/4/2021.]
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Prisoner Authorization Form mailed to pro se plaintiff at Attica. (JLV) [Transferred from New York Western on 3/4/2021.]
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Filing 8
ORDER denying #7 Motion for Leave to Proceed in forma pauperis. Plaintiff's renewed application for leave to proceed in forma pauperis, Docket Item #, is again denied without prejudice, and the Clerk of Court shall administratively terminate this action, without filing the Complaint or assessing a filing fee. Plaintiff has until February 11, 2021 to either (1) submit a signed Authorization or (2) pay the filing fees totaling $400.00. If Plaintiff fails to comply with this deadline, this case will be dismissed without prejudice. To assist Plaintiff, the Clerk of Court shall send to Plaintiff a blank Authorization Form. Signed by Hon. Charles J. Siragusa on 1/13/21. Copy of this NEF and order mailed to pro se plaintiff at Attica. (KAP)-CLERK TO FOLLOW UP- [Transferred from New York Western on 3/4/2021.]
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Filing 7
MOTION for Leave to Proceed in forma pauperis by James Bellamy. (BK) [Transferred from New York Western on 3/4/2021.]
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Filing 6
Letter Request from James Bellamy, dated 11/30/2020. (BK) [Transferred from New York Western on 3/4/2021.]
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Filing 5
JUDGMENT in favor of Attica Correctional Facility, Central Office Review Committee (DOCCS), Clinton Correctional Facility, Department of Corrections and Community Supervision (DOCCS), Downstate Correctional Facility, Great Meadow Correctional Facility, Hentschel, Inmate Grievance Supervisor, Anthony J. Annucci, Barbara Lahrs, Carl Koenigsmann, E. Vedder, John Bendheim, Jon Doe, Mario Malvarosa, Susan Devlin-Varin, Vonda Johnson against James Bellamy. Signed by Mary C. Loewenguth, Clerk of Court on 8/12/2020. (CGJ) [Transferred from New York Western on 3/4/2021.]
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Clerk mailed Plaintiff a blank motion to proceed in forma pauperis form and a copy of #5 Judgment. (CGJ) [Transferred from New York Western on 3/4/2021.]
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Filing 4
DECISION AND ORDER denying #2 Motion for Leave to Proceed in forma pauperis. IT IS HEREBY ORDERED that Plaintiff's application to proceed in forma pauperis is DENIED without prejudice; and it is furtherORDERED that the Clerk of Court shall administratively terminate this action without filing the Complaint or assessing a filing fee; and it is furtherORDERED 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 furtherORDERED 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) and authorization form, or (2) the $350.00 filing fee and the $50.00 administrative fee ($400.00 total); and it is furtherORDERED that upon Plaintiff's submission of either (1) the required certification of Plaintiff's inmate trust fund account and authorization form, 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 8/11/20. Copy of this NEF and order mailed to pro se plaintiff at Attica.(KAP)-CLERK TO FOLLOW UP- [Transferred from New York Western on 3/4/2021.]
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Filing 3
MOTION for Speedy Trial by James Bellamy. (BK) [Transferred from New York Western on 3/4/2021.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis by James Bellamy. (BK) [Transferred from New York Western on 3/4/2021.]
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Filing 1
COMPLAINT against All Defendants, filed by James Bellamy. Received for docketing on 8/6/2020. (BK) [Transferred from New York Western on 3/4/2021.]
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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 3/4/2021.]
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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 3/4/2021.]
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