Jones v. Westchester County et al
| Daniel Jones |
| Dr. Jane Doe, Captain Hermans, Westchester County, Sgt. Meade, JOHN DOE, C. O. Ficarotta, Sgt. Sorrentino, John & Jane Does 1-20, Sergeant Mabra, John/Jane Does 12-20, Dr. Raul Ulloa, Westchester County Department of Corrections, Karl Vollmer, Lisa, Correct Care Solutions doing business as C.C.S. and P.A. Stoddard |
| 9:2021cv00572 |
| May 19, 2021 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Christian F Hummel |
| Brenda K Sannes |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 20, 2021. A more recent docket listing may be available from PACER.
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Filing 17
DECISION AND ORDER: ORDERED that plaintiff's Section 1983 claims that were transferred to this District 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. ORDERED that if plaintiff wishes to proceed with this action he must file a proposed second amended complaint within thirty (30) days of the filing date of this Decision and Order. ORDERED that upon the filing of a proposed second amended complaint as directed, the Clerk shall return the file to this Court for further review. ORDERED that in the event plaintiff fails to file a signed second amended complaint within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without prejudice due to plaintiff's failure to state a claim upon which relief can be granted and to comply with the terms of this Decision and Order, without further order of this Court. ORDERED that the Clerk shall TERMINATE all defendants other than "John/Jane Does #12-#20". Signed by Judge Brenda K. Sannes on June 17, 2021. (Attachments: #1 case law cited, #2 case law cited, #3 case law cited, #4 case law cited, #5 case law cited, #6 case law cited, #7 case law cited, #8 case law cited)( Notice of Compliance Deadline 7/19/2021, Case Review Deadline 8/19/2021){order served via regular mail on plaintiff}(nas)
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Filing 16
Case transferred in from District of New York Southern; Case Number 1:19-cv-09553. electronically transferred when case opened
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Filing 15
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that: Plaintiff's claims against John and Jane Doe correction officers at Auburn Correctional Facility are severed, and transferred, under 28 U.S.C. 1406, to the United States District Court for the Northern District of New York; Plaintiff's remaining claims under 42 U.S.C. 1983 for injunctive relief are dismissed as moot; Plaintiff's 1983 claims for damages as to all remaining defendants are dismissed for failure to state a claim on which relief can be granted, 28 U.S.C. 1915(e)(2)(B)(ii); and the Court declines, under 28 U.S.C. 1367(c), to exercise supplemental jurisdiction over any state law claims that Plaintiff may be asserting. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. (Signed by Judge Louis L. Stanton on 5/18/2021) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 5/19/2021.]
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Filing 14
ORDER OF DISMISSAL: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court severs Plaintiff's claims against John and Jane Doe correction officers at Auburn Correctional Facility and transfers such claims under 28 U.S.C. 1406 to the United States District Court for the Northern District of New York. The Court dismisses Plaintiff's remaining claims under 42 U.S.C. 1983 for injunctive relief as moot. The Court dismisses Plaintiff's 1983 claims for damages as to all remaining defendants for failure to state a claim on which relief can be granted. 28 U.S.C. 1915(e)(2)(B)(ii). The Court declines, under 28 U.S.C. 1367(c) to exercise supplemental jurisdiction over any state law claims that Plaintiff may be asserting. (Signed by Judge Louis L. Stanton on 5/18/2021) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 5/19/2021.]
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Filing 13
AMENDED COMPLAINT against Dr. Jane Doe, C. O. Ficarotta, Captain Hermans, John Doe, John/Jane Does 12-20, Lisa, Sergeant Mabra, Sgt. Meade, Sgt. Sorrentino, P.A. Stoddard, Raul Ulloa, Karl Vollmer, re: amending #1 Complaint with JURY DEMAND.Document filed by Daniel Jones. Related document: #1 Complaint.(sc) [Transferred from New York Southern on 5/19/2021.]
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Mailed a copy of #12 Order 30 Days Amended Complaint (case opening), to Daniel Jones, DIN No. 18-A-1403 at Attica Correctional Facility, 639 Exchange St, Attica, NY 14011-0149. (dsh) [Transferred from New York Southern on 5/19/2021.]
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Filing 12
ORDER: The Clerk of Court is directed to mail a copy of this order, noting service on the docket. Plaintiff's request for an extension of time to file his amended complaint is granted. If Plaintiff chooses to file an amended complaint, he shall do so within 30 days of the date of this order. For Plaintiff's convenience, a copy of the amended complaint form is attached to this order. (Signed by Judge Louis L. Stanton on 12/11/2020) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 5/19/2021.]
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Filing 11
LETTER from Daniel Jones, dated 11/22/20 re: I am writing to you today to request an extension based on the facts as follows: I have been housed in the SHU since 11/11/20; and up until today's date(11/22/20), I have been without my property since I arrived here on 11/11/20 etc. Document filed by Daniel Jones.(sc) [Transferred from New York Southern on 5/19/2021.]
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Mailed a copy of #10 Order 60 Days Amended Complaint (case opening), Add and Terminate Parties, to Daniel Jones, DIN No. 18-A-1403 at Attica Correctional Facility, 639 Exchange St, Attica, NY 14011-0149. (dsh) [Transferred from New York Southern on 5/19/2021.]
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Filing 10
ORDER TO AMEND: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff's claims against Westchester County DOC are dismissed because this entity lacks the capacity for suit, and Plaintiff therefore should not name the DOC as a defendant in his amended complaint. Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 19-CV-9553 (LLS). An Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the claims under 42 U.S.C. 1983 will be dismissed for failure to state a claim upon which relief may be granted, and the Court will decline to exercise supplemental jurisdiction over Plaintiff's state law claims. See 28 U.S.C. 1367(c)(3). Westchester County Department of Corrections terminated. (Signed by Judge Louis L. Stanton on 9/25/2020) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 5/19/2021.]
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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..(bcu) [Transferred from New York Southern on 5/19/2021.]
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Filing 9
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 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 Plaintiff 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 Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Colleen McMahon on 9/22/2020) (vn) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 5/19/2021.]
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Mailed a copy of #9 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Attica Correctional Facility, 639 Exchange St, Attica, NY 14011-0149 and to Daniel Jones, DIN No. 18-A-1403, Attica Correctional Facility, 639 Exchange St, Attica, NY 14011-0149. (dsh) [Transferred from New York Southern on 5/19/2021.]
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Mailed a copy of #8 Order Reopening Case, to Daniel Jones DIN No. 18-A-1403 Attica Correctional Facility 639 Exchange St Attica, NY 14011-0149. (vba) [Transferred from New York Southern on 5/19/2021.]
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Filing 8
ORDER: Plaintiff's motion to reconsider the order of dismissal is granted, and the Court directs the Clerk of Court to vacate the order of dismissal and civil judgment (ECF Nos. 3-4) and reopen this matter. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court certifies under 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 12/18/2019) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 5/19/2021.]
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Filing 7
PRISONER AUTHORIZATION. Document filed by Daniel Jones.(sc) [Transferred from New York Southern on 5/19/2021.]
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Filing 6
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Daniel Jones.(sc) [Transferred from New York Southern on 5/19/2021.]
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Filing 5
LETTER addressed to Judge Colleen McMahon from Daniel Jones dated 11/16/2019 re: I'm having trouble filing both IFP Application and Prisoner Authorization forms that was attached. Reason being I was transferred and the person (Correctional Staff) at Five Points didn't do notary. Furthermore, I was then transferred to Attica. Document filed by Daniel Jones.(sac) [Transferred from New York Southern on 5/19/2021.]
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Mailed a copy of #4 Judgment - Sua Sponte (Complaint), #3 Order of Dismissal, with Notice of Right to Appeal to Daniel Jones 18-A-1403 Auburn Correctional Facility 135 State St. P.O. Box 618 Auburn, NY 13024. (aea) [Transferred from New York Southern on 5/19/2021.]
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Filing 4
Vacated as per Judges Order dated 12/18/2019, Doc. #8 CIVIL JUDGMENT: Pursuant to the order issued November 19, 2019, dismissing the complaint, IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the Court's order. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. (Signed by Judge Colleen McMahon on 11/19/2019) (Attachments: #1 Appeal Package)(mro) Transmission to Docket Assistant Clerk for processing. Modified on 12/19/2019 (sac). [Transferred from New York Southern on 5/19/2021.]
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Filing 3
Vacated as per Judges Order dated 12/18/2019, Doc. #8 ORDER OF DISMISSAL: By order dated October 16, 2019, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis ("IFP application") and prisoner authorization or pay the $400.00 in fees required to file a civil action in this Court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application and prisoner authorization or paid the fee. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. 1914, 1915. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 11/19/2019) (mro) Transmission to Docket Assistant Clerk for processing. Modified on 12/19/2019 (sac). [Transferred from New York Southern on 5/19/2021.]
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) [Transferred from New York Southern on 5/19/2021.]
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Mailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Daniel Jones 18-A-1403 Auburn Correctional Facility 135 State St. P.O. Box 618 Auburn, NY 13024. (vba) [Transferred from New York Southern on 5/19/2021.]
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee 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 Clerk of Court is directed to assign this matter to my docket. 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). Filing Fee due by 11/15/2019. In Forma Pauperis (IFP) Application due by 11/15/2019. Prisoner Authorization Form due by 11/15/2019. (Signed by Judge Colleen McMahon on 10/16/2019) (Attachments: #1 IFP Application, #2 Prisoner Authorization)(keb) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 5/19/2021.]
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Filing 1
COMPLAINT against Correct Care Solutions, John & Jane Does 1-20, Raul Ulloa, Westchester County, Westchester County Department of Corrections. Document filed by Daniel Jones.(rdz) [Transferred from New York Southern on 5/19/2021.]
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Case Designated ECF. (rdz) [Transferred from New York Southern on 5/19/2021.]
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