Bradshaw v. Marshall et al
| Jay Bradshaw |
| Matthew Welch, Gabriel Orbegozo, Nathan Locke, Russell, Gravlin, Soucia, John Doe #1-2, Donald Uhler, Eric Marshall, Veneske, Brunson, C.O. Lamica, Mallette, Gadway and Gibson |
| 9:2021cv00826 |
| July 21, 2021 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Christian F Hummel |
| 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 14, 2023. A more recent docket listing may be available from PACER.
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Filing 14
Notification to Superintendent of Filing - Provided Superintendent at Upstate Correctional Facility with notice of instant action and a copy of Plaintiff's #5 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, )
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Filing 13
DECISION AND ORDER: ORDERED that #4 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that the Clerk shall add Corrections Sergeant Veneske, Corrections Officer Brunson, Corrections Officer Lamica, Corrections Officer Mallette, Corrections Officer Gibson, and Corrections Officer Gadway to the docket as defendants. ORDERED that plaintiff's Eighth Amendment excessive force and failure-to-intervene claims against defendants Orbegozo, John Doe #1, Marshall, Locke, Russell, Welch, John Doe #2, and Gravlin SURVIVE sua sponte review and require a response. 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 Uhler, Soucia, Veneske, Brunson, Mallette, Lamica, Gibson, and Gadway 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, Preliminary Injunction Motion (Dkt. No. 2), First Supplemental Complaint (Dkt. No. 7), Second Supplemental Complaint (Dkt. No. 8), Third Supplemental Complaint (Dkt. No. 10), First Letter in Support of Request for Injunctive Relief (Dkt. No. 9), Second Letter in Support of Request for Injunctive Relief (Dkt. No. 11), and Third Letter in Support of Request forInjunctive Relief (Dkt. No. 12), to the United States Marshal for service upon defendants Orbegozo, Marshall, Locke, Russell, Welch, and Gravlin. 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, the Preliminary Injunction Motion (Dkt. No. 2), and the supplemental submissions (Dkt. Nos. 7, 8, 9, 10, 11, 12). ORDERED that a response to plaintiff's requests for injunctive relief (Dkt. Nos. 2, 7, 9, 11, 12) be filed by defendants Orbegozo, Marshall, Locke, Russell, Welch, and Gravlin, ortheir counsel, within thirty (30) days of the date of service of the summons and complaint on any defendant. Signed by U.S. District Judge Mae A. D'Agostino on September 14, 2021. {order served via regular mail on plaintiff}(nas, )
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Filing 12
Letter in further support of #11 MOTION for Preliminary Injunction filed by Jay Bradshaw. (nas, )
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Filing 11
MOTION for Preliminary Injunction filed by Jay Bradshaw. (nas, )
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Filing 10
Second Supplemental Complaint submitted by Jay Bradshaw. (nas, )
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Filing 9
Supplemental submission in support of #2 MOTION for Preliminary Injunction filed by Jay Bradshaw. (nas, )
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Filing 8
SUPPLEMENTAL COMPLAINT by Jay Bradshaw. (nas, )
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Filing 7
Letter Motion from Jay Bradshaw requesting injunctive relief. (nas, )
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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 s/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 U.S. District Judge Mae A. D'Agostino on August 2, 2021. {text order served via regular mail on plaintiff}(nas)
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Filing 5
INMATE AUTHORIZATION FORM by Jay Bradshaw. (nas, )
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Filing 4
MOTION for Leave to Proceed in forma pauperis filed by Jay Bradshaw. (nas)
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Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that, if plaintiff desires to pursue this action, he must, within 30 days 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. ORDERED that, in the event plaintiff chooses to file an IFP application, it must be accompanied by a signed inmate authorization form in accordance with the Court's Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on July 26, 2021. {order and blank forms served via regular mail on plaintiff}(nas)
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Filing 2
MOTION for Preliminary Injunction and Temporary Restraining Order filed by Jay Bradshaw. (nas, )
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Filing 1
COMPLAINT against Eric Marshall, John Doe #1-2, Gravlin, Nathan Locke, Gabriel Orbegozo, Russell, Soucia, Donald Uhler, Matthew Welch filed by Jay Bradshaw. (Attachments: #1 envelope)(nas, ) Modified on 7/22/2021 to include Eric Marshall (nas, ).
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