McLean v. Cottrell et al
| Bahsid McLean |
| C.O. A. Cottrell, Sgt. T. Hess, Sgt. G. Steinberg, C.O. N. Grzeskowiak, C.O. J. Strong, C.O. A. Turo, C.O. K. Steele, Sgt. Purcell, C.O. Z. Thomas, Lieutenant B. Hartman, A. Annucci and Superintendent McCarthy |
| 9:2021cv01144 |
| October 20, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Thomas J McAvoy |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 8
Notification to Superintendent of Filing - Provided Superintendent at Clinton Correctional Facility with notice of instant action and a copy of Plaintiff's #4 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb)
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Filing 7
DECISION AND ORDER: It is hereby ORDERED that plaintiff's application to proceed in the action in forma pauperis (Dkt. No. #3 ) is GRANTED. The Clerk shall provide the superintendent of the prison facility in which plaintiff is currently confined with a copy of plaintiff's inmate authorization form (Dkt. No. #4 ) and notify the official that this action has been filed and that plaintiff is required to pay the entire statutory filing fee $350.00 pursuant to 28 U.S.C. 1915;4 and it is further ORDERED that the Clerk shall provide a copy of plaintiff's inmate authorization form (Dkt. No. #4 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED that plaintiff's complaint (Dkt. No. #1 ) is ACCEPTED for filing only to the extent that it asserts Eighth Amendment excessive force and/or failure to intervene claims against defendants Cottrell, Steinberg, Hess, Grzeskowiak, Strong, Turo, Purcell, Steele, and Thomas in their individual capacities; and it is further ORDERED that, except as to the foregoing, the remaining claims asserted in the complaint, including all claims against all the defendants in their official capacities, are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b); and it is further ORDERED that, in order for the action to proceed and to effectuate service of process on defendants Cottrell, Steinberg, Hess, Grzeskowiak, Strong, Turo, Purcell, Steele, and Thomas, plaintiff is DIRECTED to, within 30 days of the filing date of this Decision and Order, provide the Court with either nine copies of the complaint or a certified check payable to the Clerk of the Northern District of New York in the amount of $72.00 (which constitutes the Court's $0.50 per page copying fee for nine copies of the complaint); and it is further ORDERED that plaintiff's failure to comply with the Court's directive to provide copies or pay for copies of the complaint may result in dismissal of the action; and it is further ORDERED that, upon receipt of the nine copies of the complaint or certified check from plaintiff as directed above, the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal Service for service upon defendants Cottrell, Steinberg, Hess, Grzeskowiak, Strong, Turo, Purcell, Steele, and Thomas. The Clerk shall also forward a copy of the summonses and complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order; and it is further ORDERED that a response to plaintiff's complaint shall be filed by defendants Cottrell, Steinberg, Hess, Grzeskowiak, Strong, Turo, Purcell, Steele, and Thomas, or their counsel, as provided for in the Federal Rules of Civil Procedure after service of process on those individuals; and it is further ORDERED that the Clerk shall TERMINATE from the docket defendants McCarthy, Hartman, and Annucci. Signed by Senior Judge Thomas J. McAvoy on 12/9/2021. (Copy served via regular mail)(meb)
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Filing 6
NOTICE OF CHANGE OF ADDRESS: Filed by Bahsid McLean. Effective Date 11/3/2021. Old Address: Auburn Correctional Facility. New Address: Clinton Correctional Facility. {Mailing envelope attached}. (rep)
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Filing 5
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 Senior Judge Thomas J. McAvoy on November 1, 2021. {text order served via regular mail on plaintiff}(nas)
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Filing 4
INMATE AUTHORIZATION FORM by Bahsid McLean. (nas
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Filing 3
MOTION for Leave to Proceed in forma pauperis filed by Bahsid McLean(nas )
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is hereby 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, 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; and it is further ORDERED that, upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on plaintiff along with a blank IFP application and blank inmate authorization form. Signed by Senior Judge Thomas J. McAvoy on October 21, 2021. (Copy served via regular mail on plaintiff along with a blank IFP Application and a blank Inmate Authorization Form).(rep)
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Filing 1
COMPLAINT: Against A. Annucci, A. Cottrell, N. Grzeskowiak, B. Hartman, T. Hess, McCarthy, Purcell, K. Steele, G. Steinberg, J. Strong, Z. Thomas, and A. Turo. Filed by Bahsid McLean. (Attachments: #1 Mailing Envelope)(rep)
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