Johnson v. Annucci et al
| Michael Johnson |
| Lee, Anthony J. Annucci, T. Suprenant, Robert Norton, Jr., Smith, Department of Corrections and Community Supervision and Raymond Shanley |
| 9:2021cv00335 |
| March 24, 2021 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Thomas J McAvoy |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
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Filing 11
Summons Issued as to Lee, Smith. [copy of summons; order and complaint served on the Office of the Attorney General](nas)
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Filing 10
Notification to Superintendent of Filing - Provided Superintendent at Otisville Correctional Facility with notice of instant action and a copy of Plaintiff's #7 Inmate Authorization Form. USDC/NYND Finance Dept notified. [copy served on plaintiff](nas, )
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Filing 9
DECISION AND ORDER: ORDERED that Plaintiff's in forma pauperis application (Dkt. No. #6 ) is GRANTED. 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 again Annucci; (2) retaliation claims against Suprenant; and (3) claims against Norton and Shanley. ORDERED that the Eighth Amendment claims against Lee and Smith survive the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and requires a response. ORDERED that Annucci, Shanley, Norton, and Suprenant are DISMISSED as adefendants herein. ORDERED that the Clerk shall issue summonses and forward them, along with copies 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. ORDERED that Plaintiff's motion for appointment of counsel (Dkt. No. #4 ) is DENIED. Signed by Senior Judge Thomas J. McAvoy on 5/20/2021. {order served via regular mail on plaintiff}(nas)
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Filing 8
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 4/22/2021. {text order served via regular mail on plaintiff}(nas)
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Filing 7
INMATE AUTHORIZATION FORM by Michael Johnson. (nas, )
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Filing 6
MOTION for Leave to Proceed in forma pauperis filed by Michael Johnson (Attachments: #1 envelope). (nas, )
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Filing 5
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, (1) either (a) pay the $402.00 filing fee in full, or (b) submit a completed and signed IFP application; AND (2) submit a completed and signed inmate authorization form. Signed by Senior Judge Thomas J. McAvoy on 3/29/2021. {order and blank forms served via regular mail on plaintiff}(nas )
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Filing 4
MOTION to Appoint Counsel filed by Michael Johnson.(nas, )
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Filing 3
INMATE AUTHORIZATION FORM by Michael Johnson. (nas, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Michael Johnson. (nas, )
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Filing 1
COMPLAINT against Anthony J. Annucci, Lee, Robert Norton, Jr, Raymond Shanley, Smith, T. Suprenant filed by Michael Johnson. (Attachments: #1 envelope)(nas)
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