Bradshaw v. Uhler et al
| Jay Bradshaw |
| Donald Uhler, Woody, Marshall, Shambo, Morrison, C.O. Phillip, Malette, Hanna, Gaiser, Daniel, John Does 1-4, John Does 2-4 and John Doe #1 |
| 9:2021cv00776 |
| July 8, 2021 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| David N Hurd |
| Miroslav Lovric |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 18, 2022. A more recent docket listing may be available from PACER.
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Filing 7
Notification to Superintendent of Filing - Provided Superintendent at Upstate Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, )
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Filing 6
DECISION AND ORDER: ORDERED that plaintiff's application for leave to proceed IFP (Dkt. No. #2 ) is GRANTED in accordance with 28 U.S.C. 1915(g) because plaintiff has made a preliminary showing that he is entitled to the "imminent danger" exception. ORDERED that the following claims SURVIVE sua sponte review and require a response: (1) plaintiff's Eighth Amendment excessive force and failure-to-intervene claims against defendants Phillip, John Doe #2, Malette and "Doe"; and (2) plaintiff's Eighth Amendment conditions-of-confinement claims against defendants Malette, Hanna, Gaiser, John Doe #3, John Doe #4, and Daniel based on interference with his access to meal. ORDERED that all remaining Section 1983 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. ORDERED that the Clerk TERMINATE Marshall, Shambo, Morrison, Woody, Uhler, Corrections Sergeants John Doe #1-4, and Correction Officer John Doe #1 as defendants in this action. ORDERED that upon receipt from plaintiff of the documents required for service, the Clerk shall issue summonses and forward them, along with copies of the complaint and Preliminary Injunction Motion (Dkt. No. 4), to the United States Marshal for service upon defendants Phillip, Malette, Hanna, Gaiser, and Daniel.16 The Clerk shall forward a copy of the summons and complaint to the Office of the New York State Attorney General, together with a copy of this Decision and Order and the Preliminary Injunction Motion (Dkt. No. 4). ORDERED that a response to the complaint be filed by defendants Phillip, Malette, Hanna, Gaiser, and Daniel, or their counsel, as provided for in the Federal Rules of Civil Procedure. ORDERED that a response to plaintiff's Preliminary Injunction Motion (Dkt.No. #4 ) be filed by defendants Phillip, Malette, Hanna, Gaiser, and Daniel, or their counsel, within thirty (30) days of the date of service of the summons and complaint on any defendant; and it is further ORDERED that plaintiff take reasonable steps to ascertain the identity of the remaining "Doe" defendants and, when identified, seek to amend the complaint to add the individuals as defendants in this action pursuant to Federal Rule of Civil Procedure 15(a). Signed by Chief Judge Glenn T. Suddaby on September 3, 2021. {order served via regular mail on plaintiff}(nas)
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Filing 5
TEXT ORDER REASSIGNING CASE. Upon further review of this case, the Court finds that this case is related to the earlier case Jay Bradshaw v. M. Gordan, et al., 9:21-CV-645 (GTS/ML), and therefore, in accordance with the Court's related case policy (See General Order 12) and in the interest of judicial economy, the Court sua sponte directs the Clerk to reassign this case to Chief Judge Glenn T. Suddaby and Magistrate Judge Miroslav Lovric for all further proceedings. District Judge David N. Hurd and Magistrate Judge Therese Wiley Dancks no longer assigned to case. SO ORDERED by Chief Judge Glenn T. Suddaby on 7/27/2021. (Served plaintiff by regular mail). (sal )
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Filing 4
MOTION for Preliminary Injunction filed by Jay Bradshaw. (nas, )
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Filing 3
INMATE AUTHORIZATION FORM by Jay Bradshaw. (nas, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Jay Bradshaw. (nas, )
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Filing 1
COMPLAINT against Daniel, John Does 1-4(Correctional Officers; Upstate Correctional Facility ), John Does 1-4(Correctional Sergeants; Upstate Correctional Facility ), Gaiser, Hanna, Malette, Marshall, Morrison, C.O. Phillip, Shambo, Donald Uhler, Woody filed by Jay Bradshaw.(nas, )
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