Donald v. Great Meadow Correctional Facility et al
| Clairmont Donald |
| Great Meadow Correctional Facility, King, Sergeant S. Leonard, John Doe, T. LaFountain and John Does 1-12 |
| 9:2022cv00793 |
| July 27, 2022 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Brenda K Sannes |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 7, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 Summons Issued as to S. Leonard. {copy of summons; order and complaint served on the Office of the Attorney General}(nas) |
| Filing 7 Notification to Superintendent of Filing - Provided Superintendent at Sullivan Correctional Facility with notice of instant action and a copy of Plaintiff's #4 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
Filing 6
DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's 1983 claims for monetary damages against Great Meadow C.F. and 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 plaintiff's Eighth Amendment excessive force claims against Leonard, Sgt. Doe, and John Does 1 through 12 survive sua sponte review and require a response. ORDERED that the 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 Great Meadow C.F., King, and LaFountain are DISMISSED asdefendants in this action. ORDERED that the Clerk shall issue a summons and forward it, along with a copy of the complaint, to the United States Marshal for service upon the remaining defendant. The Clerk shall forward a copy of the summons and complaint to the Office of the Attorney General, together with a copy of this Decision and Order. ORDERED that plaintiff shall take reasonable steps through discovery to ascertain the identity of defendants Sgt Doe and C.O. John Does 1 through 12. Plaintiff's failure to timely serve those defendants will result in dismissal of the claims asserted against them and termination of those defendants from the action. 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) {order served via regular mail on plaintiff}(nas)
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Filing 5
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 August 5, 2022. {text order served via regular mail on plaintiff}(nas)
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| Filing 4 INMATE AUTHORIZATION FORM by Clairmont Donald. (nas, ) |
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Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: 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 and proceed with his IFP application, he must, within 30 days of the filing date of this Order, submit a completed and signed inmate authorization form. Signed by Judge Brenda K. Sannes on July 28, 2022. {order and blank authorization form served via regular mail on plaintiff}(nas, )
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Clairmont Donald(nas, ) |
| Filing 1 COMPLAINT against John Doe, John Does 1-12, Great Meadow Correctional Facility, King, T. LaFountain, S. Leonard filed by Clairmont Donald. (Attachments: #1 Exhibit(s), #2 envelope)(nas ) |
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