Sierra v. John Doe 22 et al
Leonidas Sierra |
John Doe 22, Captain Rzerniak, J. Fitchette, John Doe 1, John Doe 2, John Doe 3, John Doe 4, John Doe 23, John Doe 5, John Doe 24, John Doe 25, John Doe 26, John Doe 6, Sharifuzzama Siddiqui, MD, Amber M. Oliver, Susan C. Weiberzaklporter, John Doe 27, Captain B. Wagner, Mr. Signor, S. Giblin, John Doe 7, John Doe 28, John Doe 8, John Doe 9, John Doe 10, John Doe 29, John Doe 30, John Doe 11, John Doe 12, John Doe 31, John Doe 14, John Doe 33, John Doe 13, John Doe 32, John Doe 15, John Doe 16, John Doe 35, John Doe 17, John Doe #1-#8, Jose Gonzalez, Ms. Dolly, Leslie A. Watkins, Leslie A. McKenzie, Christine Vaugh, C. Kueffer, Emily Guary, Leslie Zurni, Daniel Kress, John Doe 36, John Doe 37, John Doe 38, John Doe 39, John Doe 40, John Doe 19, John Doe 18, J. Rossi, John Doe 41, Hill, John Doe 20, John Doe 42, John Doe 46, John Doe 43, John Doe 44, John Doe 21, Dr. Bautista, Lori Seymour, Paul W. Daugherty, John Dee 47, A.A., Courtney Sullivan, Megan Palmer, Lydia Brennan, Joseph M. Wilczewski, John Doe 49, John Doe 50 and Ott |
9:2022cv00711 |
July 5, 2022 |
US District Court for the Northern District of New York |
Therese Wiley Dancks |
Brenda K Sannes |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on February 28, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 8 Letter Request for an extension of time to amend, a blank complaint form, and an update on the case filed by Leonidas Sierra. (Mailing envelope included) (meb) |
Filing 7 DECISION AND ORDER: It is hereby ORDERED that plaintiff's Section 1983 official capacity claims that were transferred to this District 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; and it is further ORDERED that plaintiff's Eighth Amendment claim against defendants John Doe #1, John Doe #3, John Doe #4, John Doe #6, John Doe #24, John Doe #25, and John Doe #26 based on excessive restrictive confinement SURVIVES sua sponte review; and it is further ORDERED that plaintiff's remaining Section 1983 claims that were transferred to this District 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; and it is further ORDERED that the New York State Attorney General's Office is hereby requested, to the extent possible, to produce the information specified above regarding the identities of John Doe #1, John Doe #3, John Doe #4, John Doe #6, John Doe #24, John Doe #25, and John Doe #26 within thirty (30) days of the filing date of this Decision and Order. Upon receipt of a response from the New York State Attorney General's Office, as directed above, the Clerk shall return this file to the Court for further review (Notice of Compliance Deadline 9/6/2022). Signed by Judge Brenda K. Sannes on 8/4/2022. (Attachments: #1 Case law)(Copy served via regular mail)(meb) |
Filing 6 Case transferred in from District of New York Western; Case Number 6:22-cv-06042. electronically transferred when case opened |
Clerk mailed copy of #5 Order with a copy of the Complaint, a blank 1983 complaint form, and the instructions for preparing an amended complaint to the plaintiff at the address on record. (RE) [Transferred from New York Western on 7/5/2022.] |
Filing 5 DECISION AND ORDER granting #2 Motion for Leave to Proceed in forma pauperis; denying #3 Motion to Appoint Counsel. The Defendants listed above (see order), and all claims against them, are severed and transferred to the Northern District of New York and they are removed from this docket. The Clerk of Court is directed to send to Plaintiff with this Order, a copy of the Complaint, a blank 1983 complaint form, and the instructions for preparing an amended complaint. If an amended complaint is not filed within 45 days, the Clerk of Court is directed to cause the United States Marshal to serve copies of the Summons, Complaint, and this Order upon Defendants Wagner, Signor, Hill, Palmer, and, once identified, NP Doe. The Clerk of Court is directed to forward a copy of the Summons, Complaint and this Order by email to Ted OBrien, Assistant Attorney General in Charge. Signed by Hon. Frank P. Geraci, Jr. on 6/27/2022. (TF) [Transferred from New York Western on 7/5/2022.] |
Filing 4 Redacted Letter from Leonidas Sierra, dated 1/31/2022, to Clerk. (TF) [Transferred from New York Western on 7/5/2022.] |
Remark: Information re consent was redacted on plaintiff's letter #4. (TF) [Transferred from New York Western on 7/5/2022.] |
NOTICE of RETAINED FILING re #1 , retaining due to size. (TF) [Transferred from New York Western on 7/5/2022.] |
E-Filing Notification: RE #1 COMPLAINT against All Defendants. (Additional attachments/exhibits added on 2/1/2022 due to scanning issues: # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit). (TF) [Transferred from New York Western on 7/5/2022.] |
Filing 3 MOTION to Appoint Counsel by Leonidas Sierra.(TF) [Transferred from New York Western on 7/5/2022.] |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Leonidas Sierra.(TF) [Transferred from New York Western on 7/5/2022.] |
Filing 1 COMPLAINT against All Defendants, filed by Leonidas Sierra. (Attachments: #1 Civil Cover Sheet and letter, #2 Envelope, #3 Declaration, #4 Exhibits)(TF) (Additional attachment(s) added on 2/1/2022: #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (TF). [Transferred from New York Western on 7/5/2022.] |
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff. (TF) [Transferred from New York Western on 7/5/2022.] |
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