Josey v. Ramos et al
| Derek Josey |
| Corr. Sergeant Burgess, Correctional Nurse Marcy, Correctional Officer Rowe, Edwin Ramos, Correctional Officer Hilts, Correctional Officer Patnode, Correctional Officer Sweeny and Nurse Doe |
| 9:2021cv00637 |
| June 2, 2021 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| 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 July 15, 2021. A more recent docket listing may be available from PACER.
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| Filing 9 Summons Issued as to Burgess, Hilts, Patnode, Rowe, and Sweeny. {Service packets sent to the U.S. Marshals for service on the defendants. Copy of this summons, along with a copy of the #1 Complaint and #7 Order, sent to the NYS AG's Office via regular mail}. (rep) |
| Filing 8 Notification to Superintendent of Filing - Provided Superintendent at Five Points Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. {Copy of notice sent to the plaintiff via regular mail}. (rep) |
Filing 7
DECISION AND ORDER: It is hereby ORDERED that Plaintiff's in forma pauperis application (Dkt. No. #5 ) 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 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) claims against Ramos; (2) Eighth Amendment claims against Sweeny, Hilts, Rowe, and Patnode related to the assault by Ramos and the July 2018 assault; (3) Eighth Amendment claim against Rowe related to threats and verbal harassment; and (4) Eighth Amendment deliberate medical indifference claims against Nurse Doe and Nurse Marcy; and it is further ORDERED that the following claims survive the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and require a response: (1) Eighth Amendment excessive force and failure-to-intervene claims against Sweeny, Hilts, Rowe, and Patnode related to the alleged assault by Sweeny; and (2) Eighth Amendment deliberate medical indifference claim against Burgess; and it is further ORDERED that Ramos, Nurse Doe, and Nurse Marcy are DISMISSED as defendants herein; and it is further ORDERED that the Clerk shall issue a 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; and it is further ORDERED that the Clerk of the Court shall serve a copy of this Decision and Order on Plaintiff in accordance with the Local Rules. Signed by Senior Judge Thomas J. McAvoy on July 14, 2021. (Copy served via regular mail on plaintiff).(rep)
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Filing 6
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 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 June 16, 2021. (Copy served via regular mail on plaintiff).(rep)
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| Filing 5 MOTION: For Leave to Proceed in forma pauperis, filed by Derek Josey. {Mailing envelope attached}.(rep) |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is hereby ORDERED that plaintiff's IFP application is DENIED as incomplete; and it is further ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that, if plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, either (1) pay the $402.00 filing fee in full; or (2) submit a completed and signed IFP application; and it is further ORDERED that upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review; and it is further ORDERED that the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application. Signed by Senior Judge Thomas J. McAvoy on June 3, 2021. (Copy served via regular mail on plaintiff along with a blank IFP Application).(rep)
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| Filing 3 INMATE AUTHORIZATION FORM: Filed by Derek Josey. (rep) |
| Filing 2 MOTION: For Leave to Proceed in forma pauperis, filed by Derek Josey.(rep) |
| Filing 1 COMPLAINT WITH JURY DEMAND: Against Burgess, Hilts, Marcy, Patnode, Edwin Ramos, Rowe, and Sweeny. Filed by Derek Josey. (Attachments: #1 Mailing Envelope)(rep) |
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