Pierce v. McCarthy et al
| John Anthony Pierce |
| Timothy McCarthy, James Donahue, Thomas Napoli, Andrew Lowe, Thomas Harte, Zebra Cicconi-Crozie, Brian Norris, Michael Pettigrass, Patrick Kennedy, Cheryl Parmiter, Ashly Cahill, Ms. White, Ronald Dewberry, Ms. A. Smithers, William Southwood, Jane Doe, John Doe, Kara Walawender, Melissa Woodmen, Carrie Citrin, Jane Doe(s), Anthony Annucci, Jeff McKoy, Danielle Dill, Julie Dennis, Andrew Cuomo and Melissa Woodman |
| 9:2021cv01301 |
| December 7, 2021 |
| US District Court for the Northern District of New York |
| Thomas J McAvoy |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 6
Notification to Superintendent of Filing - Provided Superintendent at Auburn Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb)
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Filing 5
DECISION AND ORDER: It is hereby ORDERED that plaintiff's application to proceed in the action in forma pauperis (Dkt. No. #2 ) 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. #3 ) 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. #3 ) 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 with respect to his First Amendment free exercise and Fourteenth Amendment equal protection claims asserted against defendants Kennedy, Dewberry, McKoy, McCarthy, Lowe, Annucci, and Cuomo in accordance with Part III.C.6.b of this Decision and Order; and it is further ORDERED that the remainder of plaintiff's claims, including all claims asserted against defendants Annucci and Cuomo seeking monetary damages as relief, are DISMISSED without prejudice for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 28 U.S.C. 1915A(b)(1); and it is further ORDERED that, in order to effectuate service of process of the complaint and exhibits on defendants Kennedy, Dewberry, McKoy, McCarthy, Lowe, Annucci, and Cuomo, the plaintiff is DIRECTED to, within 30 days of the date of this Decision and Order, provide the Court with seven complete copies of the complaint and exhibits. In the alternative, the plaintiff may provide the Court with a certified check or money order (payable the Clerk of the Northern District of New York) in the amount of $696.50, which constitutes the Court's $0.50 per page fee for generating seven copies of the complaint (23 pages) and exhibits (totaling 176 pages). Plaintiff's failure to comply with this directive may result in dismissal of the action; and it is further ORDERED that, upon receipt of the seven complete copies of the complaint and exhibits or the Court's copying fee (as directed above), the Clerk shall issue summonses and forward them, along with copies of the complaint and exhibits, to the United States Marshal Service for service of process on defendants Kennedy, Dewberry, McKoy, McCarthy, Lowe, Annucci, and Cuomo. The Clerk shall also forward copies of the summonses, complaint, and exhibits 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 Kennedy, Dewberry, McKoy, McCarthy, Lowe, Annucci, and Cuomo, 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 Donahue, Napoli, Harte, Cicconi-Crozie, Norris, Pettigrass, Parmiter, Cahill, White, Smither(s), Southwood, Walawender, Woodman, Citrin, Dill, Dennis, Jane Doe, John Doe; and it is further ORDERED that plaintiff's motion for the appointment of counsel (Dkt. No. #4 ) is DENIED without prejudice. Signed by Senior Judge Thomas J. McAvoy on 2/2/2022. (Copy served via regular mail)(meb)
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Set Deadline: Notice of Compliance Deadline 3/4/2022. (meb)
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Filing 4
MOTION: To Appoint Counsel, filed by John Anthony Pierce.(rep)
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Filing 3
INMATE AUTHORIZATION FORM: Filed by John Anthony Pierce. (rep)
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Filing 2
MOTION: For Leave to Proceed in forma pauperis, filed by John Anthony Pierce.(rep)
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Filing 1
COMPLAINT WITH JURY DEMAND: Against Anthony Annucci, Ashly Cahill, Zebra Cicconi-Crozie, Carrie Citrin, Andrew Cuomo, Julie Dennis, Ronald Dewberry, Danielle Dill, Jane Doe(Office of Diversity Management), Jane Doe(Commissioner), Jane Doe(Administrator, Auburn Correctional Facility), John Doe(Office of Diversity Management), John Doe(Commissioner), John Doe(Office of Mental Health, Auburn Correctional Facility), John Doe(Administrator, Auburn Correctional Facility), Jane Doe(s), James Donahue, Thomas Harte, Patrick Kennedy, Andrew Lowe, Timothy McCarthy, Jeff McKoy, Thomas Napoli, Brian Norris, Cheryl Parmiter, Michael Pettigrass, A. Smithers, William Southwood, and Kara Walawender. Filed by John Anthony Pierce. (Attachments: #1 Exhibits Part 1, #2 Exhibits Part 2, #3 Exhibits Part 3, #4 Verification, #5 Civil Coversheet, #6 Mailing Envelope)(rep) (Attachment 1 replaced on 1/18/2022 with a version with correctly oriented pages) (meb).
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