Holley v. Central New York Psychiatric Center et al
| Michael E. Holley, Jr. |
| Central New York Psychiatric Center, Donald Uhler, Reginald Bishop, C. Clark, K. Gilmore, J. Bullock, J. Spinner, A. Menard, N.C. Tatro, K. Marston, M. Ashley, C. Conklin, K. Clark, Jane Doe #1, Lewis, C. Bayne, T. Nelson and Cook |
| 9:2022cv01119 |
| October 28, 2022 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Gary L Sharpe |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 6 NOTICE to plaintiff that six copies of the complaint are due by 1/4/2023 for service. (Copy served via regular mail) (meb) |
| Filing 5 Notification to Superintendent of Filing - Provided Superintendent at Upstate Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
Filing 4
DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP Application (Dkt. No. #2 ) is GRANTED. The Clerk shall provide the Superintendent of the facility that plaintiff has designated as his current location with a copy of plaintiff's inmate authorization form (Dkt. No. #3 ) and notify that official that plaintiff has filed this action and is required to pay to the Northern District of New York the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED that the Clerk provide a copy of plaintiff's inmate authorization form (Dkt. No. #3 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED that the following claims SURVIVE sua sponte review and require a response: (1) plaintiff's Eighth Amendment excessive force and failure-to-intervene claims against defendants Spinner, Menard, Marston, Ashley, and Tatro; (2) plaintiff's medical indifference claims against defendants Spinner and Gilmore; and (3) plaintiff's Fourteenth Amendment equal protection claims against defendants Spinner, Gilmore, and Tatro; and it is further ORDERED that plaintiff's Section 1983 claims for money damages against CNYPC and each named defendants in his or her official capacity 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 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; and it is further ORDERED that the Clerk shall TERMINATE CNYPC, Corrections Sergeant Bullock, Physicians Assistant Lewis, Nurse Conklin, Superintendent Uhler, Mental Health Professional Cook, Deputy Superintendent of Security Bishop, and Corrections Lieutenant Clark as defendants in this action; and it is further ORDERED that, upon receipt from plaintiff of the documents required for service, the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon defendants Spinner, Menard, Marston, Ashley, Tatro, and Gilmore. 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; and it is further ORDERED that a response to the complaint be filed by defendants Spinner, Menard, Marston, Ashley, Tatro, and Gilmore, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Gary L. Sharpe on 12/5/2022. (Copy served via regular mail)(meb)
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| Filing 3 INMATE AUTHORIZATION FORM by Michael E. Holley, Jr. (nas ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Michael E. Holley, Jr(nas, ) |
| Filing 1 COMPLAINT against M. Ashley, C. Bayne, Reginald Bishop, J. Bullock, Central New York Psychiatric Center, C. Clark, K. Clark, C. Conklin, Cook, Jane Doe #1, K. Gilmore, Lewis, K. Marston, A. Menard, T. Nelson, J. Spinner, N.C. Tatro, Donald Uhler filed by Michael E. Holley, Jr. (Attachments: #1 envelope)(nas ) |
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