Ramsey v. Annucci et al
| Keno Ramsey and Keno Ramsay |
| Anthony J. Annucci, Marie T. Sullivance, Brian Hilton, O.S.I. Office, Patrick Reardon, D. Medbury, P. Fendler, Rose, Joseph Russo, Pyke, Kirkpat, John Doe, Brandi Lynn Corigliano, Sarah Derocco, Ms. Divis, Ms. Brown, J. Champlin, Dunn, Banks, Ryan Rugari, R. Kessler, Carpencer, Sanpietro, Bellosi, J. Bell, Corrections Sergeant Doe #1, Corrections Officer John Doe #1, Corrections Officer John Doe #2, Corrections Officer John Doe #3, Corrections Officer John Doe #4, Corrections Officer John Doe #5, Corrections Officer John Doe #6, Corrections Officer John Doe #7, Corrections Officer Jane Doe and Nurse Jane Doe |
| 9:2022cv00265 |
| March 18, 2022 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Thomas J McAvoy |
| 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 September 25, 2023. A more recent docket listing may be available from PACER.
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Filing 12
TEXT ORDER: Plaintiff's #10 letter request for an extension of his deadline to submit copies of the documents required for service is granted, and the deadline is reset to July 11, 2022. Plaintiff's #9 letter request seeking leave to amend his complaint with respect to claims dismissed pursuant to the Decision and Order entered on May 23, 2022 ("May 2022 Order"), is denied as unnecessary. As plaintiff was advised in the May 2022 Order, in accordance with Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure, he may amend his pleading once as a matter of course at any point up to 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. In the event plaintiff chooses to file an amended complaint, he is reminded that the pleading will supersede and replace the original complaint in its entirety, and must allege claims of misconduct or wrongdoing against each named defendant which plaintiff has a legal right to pursue, and over which jurisdiction may properly be exercised. Any amended complaint filed by plaintiff must also comply with the pleading requirements of Rules 8 and 10 of the Federal Rules of Civil Procedure. The Clerk is directed to provide plaintiff with a blank form civil rights complaint for his use in preparing an amended complaint. Authorized by Magistrate Judge Christian F. Hummel on June 15, 2022. {text order and blank forms served via regular mail on plaintiff}(nas )
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Filing 11
NOTICE of Change of Address by Keno Ramsey Effective Date June 5, 2022 Old Address: Marcy Correctional Facility New Address: Five Points Correctional Facility (nas, )
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Filing 10
Letter Motion from Keno Ramsey requesting an extension of time to submit copies. (nas, )
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Filing 9
Letter Motion from Keno Ramsey requesting to amend. (nas, )
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Filing 8
Notification to Superintendent of Filing - Provided Superintendent at Marcy 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 7
NOTICE to plaintiff of required documents for service. ( Notice of Compliance Deadline 6/23/2022) (nas, )
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Filing 6
DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's letter motion seeking permission to amend his complaint (Dkt. No. #5 ) is DENIED as unnecessary. ORDERED that the Clerk shall revise the docket to remove "John Does # 1-11" as defendants and add the following officials in their place: Corrections Sergeant Doe #1, Corrections Officer John Doe #1, Corrections Officer John Doe #2, Corrections Officer John Doe #3, Corrections Officer John Doe #4, Corrections Officer John Doe #5, Corrections Officer John Doe #6, Corrections Officer John Doe #7, Corrections Officer Jane Doe, and Nurse Jane Doe. ORDERED that plaintiff's Section 1983 claims for money damages against the named defendants in their official capacity are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) as barred by the Eleventh Amendment. ORDERED that the following claims SURVIVE sua sponte review and require a response: (1) plaintiff's First Amendment mail tampering claims against defendants Dunn, Kessler, John Doe #6, Reardon and Medbury; (2) plaintiff's Eighth Amendment excessive force and failure-to-intervene claims against defendants John Doe #1, John Doe #2, John Doe #3, Russo, John Doe #4, Kirkpat, and Pyke; (3) plaintiff's Eighth Amendment conditions-of-confinement claim against defendant Pyke; and (4) plaintiff's Eighth Amendment sexual abuse claims against defendants Carpenter, Brown and Divis. ORDERED that all remaining 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 shall TERMINATE defendants Sanpietro, Bellosi, Sergeant Doe #1, John Doe #5, John Doe #7, Corrections Officer Jane Doe, John Doe Civilian Cook, Nurse Jane Doe, Derocco, Champlin, Corigliano, Banks, Rugari, Fendler, Rose, Bell, Sullivan, Annucci, and Hilton from 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, to the United States Marshal for service upon the defendants Dunn, Kessler, Reardon, Medbury, Russo, Kirkpat, Pyke, Carpenter, Brown, and Divis. The Clerk shall forward a copy of the summons and complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. ORDERED that plaintiff take reasonable steps to ascertain the identities of the remaining "John Doe" officials and when identified, seek to amend the complaint to add these individuals as defendants in this action pursuant to Federal Rule of Civil Procedure 15(a). Signed by Senior Judge Thomas J. McAvoy on May 23, 2022. {order served via regular mail on plaintiff}(nas)
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Filing 5
Letter Motion from Keno Ramsey requesting to amend and for the Attorney General to assist with identifying the Doe defendants. (nas, )
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Filing 4
Letter from Ramsey inquiring as to receipt of action. Docket sheet provided. (nas, )
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Filing 3
INMATE AUTHORIZATION FORM by Keno Ramsey. (nas, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Keno Ramsey(nas, )
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Filing 1
COMPLAINT against Anthony J. Annucci, Banks, J. Bell, Bellosi, Ms. Brown, Carpencer, J. Champlin, Brandi Lynn Corigliano, Sarah Derocco, Ms. Divis, John Doe, John Does #1-11, Dunn, P. Fendler, Brian Hilton, R. Kessler, Kirkpat, D. Medbury, O.S.I. Office, Pyke, Patrick Reardon, Rose, Ryan Rugari, Joseph Russo, Sanpietro, Marie T. Sullivance filed by Keno Ramsey. (Attachments: #1 envelope)(nas, )
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