Atutis v. Harder et al
| Adrian M. Atutis and Adriane Maur Atutis |
| Adam Valls, Nickolas Troutman, Butte, David E. Harder, Bruce Martin, David Lasky, Nicholas Bixby, Daniel Snyder, Daniel Eaton, Sean Pomeroy, George Knapp, Joseph Safford, Richard Hrebin, Dr. Hausan, Renee Stock and Mark Smolinski |
| 9:2021cv00715 |
| June 21, 2021 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| David N Hurd |
| 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 December 27, 2022. A more recent docket listing may be available from PACER.
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Filing 8
MOTION to Appoint Counsel filed by Adrian M. Atutis.(nas, )
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Filing 7
AMENDED COMPLAINT filed by Adrian M. Atutis. (Attachments: #1 envelope)(nas, )
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Filing 6
NOTICE to plaintiff that 5 copies of his complaint and 5 completed USM-285 forms are required by 8/23/2021 in order for the US Marshals Service to effect service on defendants. (nas, )
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Filing 5
DECISION AND ORDER: ORDERED that Plaintiff's in forma pauperis application (Dkt. No. 2) 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) Fourteenth Amendment deliberate medical indifference claims against Butte, Hausen, and Eaton; (2) Fourteenth Amendment due process claims; (3) First Amendment retaliation claims; (4) First Amendment access-to-court claims; (5) claimsagainst Troutman and Lasky; (6) claims related to grievance process and failure-to-investigate; (7) conspiracy claims; (8) supervisory claims; and (9) state law medical malpractice claims. ORDERED that the Eighth Amendment excessive force claims against Bixby, Pomeroy, Stock, Hrebin, and Knapp 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; ORDERED that Defendants Harder, Valls, Smolinski, Hausan, Butte, Martin, Safford, Eaton, Snyder, Lasky, and Troutman are DISMISSED as defendants 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 the appointment of counsel (Dkt. No. #4 ) is DENIED. Signed by Judge David N. Hurd on July 20, 2021. {order served via regular mail on plaintiff}(nas )
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Filing 4
MOTION to Appoint Counsel filed by Adrian M. Atutis.(nas, )
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Filing 3
INMATE AUTHORIZATION FORM by Adrian M. Atutis. (nas, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Adrian M. Atutis (Attachments: #1 Proposed Summons)(nas, )
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Filing 1
COMPLAINT against Nicholas Bixby, Butte, Daniel Eaton, David E. Harder, Dr. Hausan, Richard Hrebin, George Knapp, David Lasky, Bruce Martin, Sean Pomeroy, Joseph Safford, Mark Smolinski, Daniel Snyder, Renee Stock, Nickolas Troutman, Adam Valls filed by Adrian M. Atutis. (Attachments: #1 part 2 of 4, #2 part 3 of 4, #3 part 4 of 4, #4 Civil Cover Sheet, #5 envelope)(nas, )
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