Dean v. Annucci et al
| William M. Dean |
| Anthony J. Annucci, Patrick D. Reardon, D. Debejian, Cathy Y. Sheehan, P. Dormey, C.F. Leone and New York State Department of Corrections and Community Supervision |
| 9:2022cv00746 |
| July 14, 2022 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Brenda K Sannes |
| 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 March 2, 2023. A more recent docket listing may be available from PACER.
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Filing 12
Summons Issued as to David DeBejian, C.F. Leone, Cathy Y. Sheehan. {copy of summons; order and complaint served on the Office of the Attorney General}(nas)
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Filing 11
Notification to Superintendent of Filing - Provided Superintendent at Marcy Correctional Facility with notice of instant action and a copy of Plaintiff's #7 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, )
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Filing 10
DECISION AND ORDER: ORDERED that #6 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's Section 1983 claims for money damages against the New York State Department of Corrections and Community Supervision 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 plaintiff's First Amendment mail tampering claims against defendants Debejian, Sheehan, and Leone SURVIVE sua sponte review and require a response. ORDERED that all remaining Section 1983 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 James, Annucci, Reardon, Dormey, Collver, and McKoy from this action. ORDERED that the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon the defendants Debejian, Sheehan, and Leone. 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 a response to plaintiff's request for injunctive relief (Dkt. No. #4 ) be filed by defendants Debejian, Sheehan, and Leone, or their counsel, within thirty (30) days of the date of service of the summons and complaint on any defendant. Signed by Chief Judge Brenda K. Sannes on September 6, 2022. (Attachments: #1 case law cited, #2 case law cited, #3 case law cited, #4 case law cited, #5 case law cited, #6 case law cited, #7 case law cited, #8 case law cited, #9 case law cited) {order served via regular mail on plaintiff}(nas)
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Filing 9
Copy of Letter from Dean to the 2nd Circuit Court of Appeals. (nas, )
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Filing 8
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 Judge Brenda K. Sannes on July 26, 2022. {text order served via regular mail on plaintiff}(nas )
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Filing 7
INMATE AUTHORIZATION FORM by William M. Dean. (nas, )
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Filing 6
MOTION for Leave to Proceed in forma pauperis filed by William M. Dean (Attachments: #1 cover letter; envelope) (nas, )
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Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP application is DENIED as incomplete. ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action. 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. Signed by Judge Brenda K. Sannes on July 14, 2022. {order and blank ifp served via regular mail on plaintiff}(nas)
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Filing 4
MOTION for Preliminary Injunction and Temporary Restraining Order filed by William M. Dean. (Attachments: #1 proposed order and affidavit to expedite) (nas, )
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Filing 3
INMATE AUTHORIZATION FORM by William M. Dean. (nas)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by William M. Dean(nas, )
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Filing 1
COMPLAINT against Anthony J. Annucci, D. Debejian, P. Dormey, C.F. Leone, New York State Department of Corrections and Community Supervision, Patrick D. Reardon, Cathy Y. Sheehan, Pat Collver, Jeffrey McKoy, Lititia James filed by William M. Dean. (Attachments: #1 Civil Cover Sheet, #2 envelope)(nas ) Modified on 7/15/2022 (nas, ).
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