Verdi v. Farah et al
| Vincent Verdi |
| R. Farah and Dr. HLA-PE-WJN |
| 9:2022cv00825 |
| August 5, 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2022. A more recent docket listing may be available from PACER.
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Filing 8
TEXT ORDER: The Court is in receipt of a #7 letter from plaintiff wherein he requests permission to file a motion to supplement his complaint, apparently based on his belief that the original complaint is (or was ruled to be) "defective." Pursuant to the Court's Decision and Order entered on September 14, 2022, plaintiff's Eighth Amendment claim against Dr. HLA-PE-WJN survived sua sponte review. See Dkt. No. 6. The Court, however, directed plaintiff to do one of the following within thirty (30) days in order to facilitate timely service on this defendant: (1) submit a completed and signed IFP application which has been certified by an appropriate official at his facility; or (2) submit a motion requesting service by the United States Marshal along with the service fee and the completed forms necessary for service. Id. Plaintiff may file a motion to supplement his complaint in accordance with Fed. R. Civ. P. 15(d) and the Local Rules of Practice for this District. However, plaintiff's failure to timely comply with the aforementioned directive regarding documents for service may result in the dismissal of this action pursuant to Rules 4(m) and Rule 41(b) of the Federal Rules of Civil Procedure and Northern District of New York Local Rule 41.2(a). In light of plaintiff's pro se status, his deadline to submit one of the aforementioned two sets of documents required for service is reset to November 2, 2022. Insofar as plaintiff's letter request seeks any other form of judicial relief, it is denied. Authorized by Chief Judge Brenda K. Sannes on October 3, 2022. {text order served via regular mail on plaintiff}(nas)
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Filing 7
Letter Motion from Vincent Verdi requesting permission to file a memorandum of law. (nas )
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Filing 6
DECISION AND ORDER: ORDERED that plaintiff's Eighth Amendment claim against Dr. HLA-PE-WJN SURVIVES sua sponte review. 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. 1915A(b) as barred by the Eleventh Amendment. ORDERED that plaintiff's remaining Section 1983 claim is DISMISSED without prejudice pursuant to 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED that plaintiff must, within thirty (30) days from the date of the filing of thisDecision and Order, either (1) submit a completed and signed IFP application which has been certified by an appropriate official at his facility, or (2) submit a motion requesting service by the United States Marshal along with the service fee and the completed forms necessary for service. The Clerk is directed to provide plaintiff with a blank IFP application for his completion. Signed by Chief Judge Brenda K. Sannes on September 14, 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){order and blank ifp form served via regular mail on plaintiff}(nas)
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Filing 5
Letter from Verdi regarding status. (nas, )
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Filing 4
Letter from Verdi inquiring as to status. (nas, )
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Filing 3
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 15, 2022. {text order served via regular mail on plaintiff}(nas)
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Filing fee: $ 402, receipt number ALB012915 (nas, )
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Filing 2
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, 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. ORDERED that, in the event plaintiff chooses to file an IFP application, it must be accompanied by a signed inmate authorization form in accordance with the Court's Local Rules. Signed by Judge Brenda K. Sannes on August 8, 2022. {order and blank forms served via regular mail on plaintiff}(nas)
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Filing 1
COMPLAINT against R. Farah, Dr. HLA-PE-WJN filed by Vincent Verdi. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet, #3 cover letter, #4 envelope)(nas )
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