Turane v. The Department of Corrections and Community Supervision et al
| Trumaine Turane |
| D. Venettozzi, Shawn Dandridge, The Department of Corrections and Community Supervision, Five Points Correctional Facility, N. Donnelley, Tina M. Stanford, Augustina Torres Deradera, Manuel Pelao, Gouverneur Correctional Facility, Anthony L. Annucci, Bridgette Fortune, Cape Vincent Correctional Facility, Jennifer Hutchins and Augustina Torres Demadera |
| The State of New York and D. Montrey |
| 9:2021cv00370 |
| April 1, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Mae A D'Agostino |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 6, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 Letter Request for an extension of time to file an amended complaint and for this case to be transferred back to the Southern District of New York filed by Trumaine Turane. (Mailing envelope included) (meb) |
| Filing 10 DECISION AND ORDER: It is hereby ORDERED that Fourteenth Amendment due process claims against Dandridge and Demadera are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) as duplicative; and it is further ORDERED that if Plaintiff wishes to proceed with the remaining claims, he must file an Amended Complaint as set forth above within thirty (30) days from the date of the filing of this Decision and Order; and it is further ORDERED that, if Plaintiff timely files an Amended Complaint, this matter be returned to the Court for further review; and it is further ORDERED that if Plaintiff fails to timely file an Amended Complaint as directed above, the Clerk shall enter judgment indicating this action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case; and it is further ORDERED that Plaintiff's motion for counsel (Dkt. No. 5) is DENIED; and it is further ORDERED that the Clerk of the Court is directed to correct the spelling of defendant Demadera's name on the docket report. Signed by U.S. District Judge Mae A. D'Agostino on 4/15/2021. (Copy served via regular mail)(meb) |
| Filing 9 Case transferred in from District of New York Southern; Case Number 1:20-cv-08985. electronically transferred when case opened |
| Mailed a copy of #8 Order, to Trumaine Turane, DIN No. 13R2122 at Gouverneur Correctional Facility, P.O. Box 980, Gouverneur, NY 13642. (dsh) [Transferred from New York Southern on 4/1/2021.] |
Filing 8
TRANSFER ORDER: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. The Court also directs the Clerk of Court to transfer the remainder of Plaintiff's claims to the United States District Court for the Northern District of New York. See 28 U.S.C. 1404(a). The Court leaves to the transferee court the resolution of any pending motions. This order closes this action in this court. SO ORDERED. (Signed by Judge Louis L. Stanton on 3/25/21) (rdz) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 4/1/2021.]
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| Mailed a copy of #7 Order 30 Days Other (case opening), Add and Terminate Parties, to Trumaine Turane, DIN No. 13R2122 at Gouverneur Correctional Facility, P.O. Box 980, Gouverneur, NY 13642. (dsh) [Transferred from New York Southern on 4/1/2021.] |
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Filing 7
ORDER: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. The Court dismisses Plaintiff's claims against DOCCS, the State of New York, and the Five Points, Cape Vincent, and Gouverneur Correctional Facilities. The Court directs Plaintiff to file a declaration within 30 days of the date of this order showing cause why his remaining claims should not be transferred to the United States District Court for the Northern District of New York. A declaration form is attached to this order. If Plaintiff fails to respond within 30 days of the date of this order, the Court will transfer Plaintiff's remaining claims to the Northern District of New York under 28 U.S.C. 1404(a). Gouverneur Correctional Facility, The Department of Corrections and Community Supervision, The State of New York, Cape Vincent Correctional Facility and Five Points Correctional Facility terminated. (Signed by Judge Louis L. Stanton on 1/19/2021) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 4/1/2021.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Colleen McMahon is no longer assigned to the case..(vba) [Transferred from New York Southern on 4/1/2021.] |
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Filing 6
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account statements for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which he is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if his address changes, and the Court may dismiss the action if he fails to do so. (Signed by Judge Colleen McMahon on 1/14/2021) (vn) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 4/1/2021.]
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| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Gouverneur Correctional Facility, 112 Scotch Settlement Road, P.O. Box 370, Gouverneur, NY 13642-0370. (dsh) [Transferred from New York Southern on 4/1/2021.] |
| Filing 5 MOTION FOR THE ASSISTANCE OF COUNSEL, re: for the Court to Request Counsel. Document filed by Trumaine Turane.(sc) [Transferred from New York Southern on 4/1/2021.] |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Trumaine Turane.(sc) [Transferred from New York Southern on 4/1/2021.] |
| Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Trumaine Turane.(sc) [Transferred from New York Southern on 4/1/2021.] |
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Filing 2
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the relevant fees or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).Fees due by 11/30/2020. In Forma Pauperis (IFP) Application due by 11/30/2020. Prisoner Authorization Form due by 11/30/2020. (Signed by Judge Colleen McMahon on October 29, 2020) (Attachments: #1 IFP application, #2 Prisoner Authorization) (jjg) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 4/1/2021.]
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| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Trumaine Turane, DIN No. 13R2122 at Gouverneur Correctional Facility, P.O. Box 980, Gouverneur, NY 13642. (Attachments: # 1 IFP application, # 2 Prisoner Authorization) (dsh) [Transferred from New York Southern on 4/1/2021.] |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) [Transferred from New York Southern on 4/1/2021.] |
| Filing 1 COMPLAINT against D. Montrey, N. Donnelley, Manuel Pelao, D. Venettozzi, Five Points Correctional Facility, Cape Vincent Correctional Facility, Gouverneur Correctional Facility, Anthony L. Annucci, Shawn Dandridge, Bridgette Fortune, Jennifer Hutchins, Tina M. Stanford, The Department of Corrections and Community Supervision, The State of New York, Augustina Torres Deradera. Document filed by Trumaine Turane. (sac) Modified on 1/13/2021 (sac). [Transferred from New York Southern on 4/1/2021.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 4/1/2021.] |
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