Balentine v. Red et al
| Michael Anderson Balentine |
| Jane Red, Jane Blonde and Corrections Supervisor Doe |
| 9:2022cv00285 |
| March 24, 2022 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Miroslav Lovric |
| 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 October 11, 2023. A more recent docket listing may be available from PACER.
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Filing 8
LETTER BRIEF Response to Valentin Order by Jane Blonde, Jane Red. (Dorando, Nicholas)
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Filing 7
Notification to Superintendent of Filing - Provided Superintendent at Collins 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 6
DECISION AND ORDER: ORDERED that #4 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that the section 1983 claims for monetary damages against 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). ORDERED that the following 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 whichrelief may be granted: (1) claims against Supervisor Doe; and (2) negligence claims. ORDERED that the following claims against J. Red and J. Blonde survive the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and require a response: (1) Eighth Amendment claims; and (2) state law assault, battery, and intentional infliction of emotional distress claims. ORDERED that Supervisor Doe is DISMISSED as a defendant herein. ORDERED that the Office of the Attorney General is hereby requested to produce the information specified above, to the extent that it can, regarding the identity of the defendants within thirty (30) days of the filing date of this Decision and Order. The information should be sent to the Clerk of the Court for the Northern District of New York along with a copy of this Decision and Order, as well as to Plaintiff at his address of record. Once this information is provided, the Clerk shall return this file to the Court for further review. Signed by U.S. District Judge Mae A. D'Agostino on May 3, 2022. {order served via regular mail on plaintiff and the Office of the Attorney General with a copy of the complaint}(nas )
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Filing 5
INMATE AUTHORIZATION FORM by Michael Anderson Balentine. (nas, )
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Filing 4
MOTION for Leave to Proceed in forma pauperis filed by Michael Anderson Balentine(nas, )
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Filing 3
TEXT ORDER: On March 24, 2022, in another pending action, Balentine v. Annucci, et al., No. 9:21-CV-1383 (LEK/CFH) (N.D.N.Y. filed Dec. 29, 2021) ("Balentine I"), Plaintiff filed a certified application to proceed in forma pauperis ("IFP") with Inmate Account Statements and an Inmate Authorization. See Balentine I, Dkt. Nos. 11 and 12. On March 24, 2022, Plaintiff filed a letter motion to apply his IFP Application and Inmate Authorization Form in Balentine I to this action. Dkt. No. 2. Plaintiff's motion is GRANTED. See Int'l Star Class Yacht Racing Ass'n v. Tommy Hilfiger U.S.A., Inc., 146 F.3d 66, 70 (2d Cir. 1998) ("A document filed on a separate docket may be judicially noticed[.]"). The Clerk of the Court is directed to docket a copy of Plaintiff's IFP Application (Dkt. No. 11) and his Inmate Authorization Form (Dkt. No. 12) in this matter. Authorized by Magistrate Judge Miroslav Lovric on April 27, 2022. {text order served via regular mail on plaintiff}(nas)
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Plaintiff's address modified from Mohawk CF to Collins CF as noted in 9:21-cv-1383. (nas, )
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Filing 2
Letter Motion from Michael Anderson Balentine requesting that the ifp, account statement and authorization form in support of 9:21-cv-1383 be copied and used in support of this new action. (nas )
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Filing 1
COMPLAINT against Jane Blonde, Corrections Supervisor Doe, Jane Red filed by Michael Anderson Balentine. (Attachments: #1 envelope){NOTE: there is no page "4 to 7" to the complaint}(nas, )
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