Burrell v. Bishop et al
| Ako K. Burrell |
| Reginald Bishop, Hill, Vesenske, J. Bullock, Sergeant Plonka, Merrick, Locke, Conto, Healy, Hastings, D. Dumas, Dtullio, Chontosh, McGregor, Rieft, Phillips, Cary, Mitchell, A. Martin, Blackburn, Baynes, Hana, Cook, Sturgen, Hart, Murry, Fluenry, Lewis, Lashway, Harrigan, John Doe, Marybeth Giller, Santos, Boyer, Denney, Chantosh, Rieff, E. Martin, John Doe #1 and John Doe #2 |
| 9:2022cv01156 |
| November 7, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 11 Documents provided by Burrell for service. (Attachments: #1 envelope, #2 envelope, #3 envelope) (nas, ) |
| Filing 10 Letter Motion from Ako K. Burrell requesting an extension of time. (Attachments: #1 envelope)(nas, ) |
| Filing 9 Letter from Burrell enclosing the USM-285 forms for service (copies of complaint are not provided at this time). (Attachments: #1 envelope)(nas, ) |
| Filing 8 Letter Motion from Ako K. Burrell requesting the return of his property. (nas, ) |
| Filing 7 Letter from Burrell requesting 19 USM-285 forms. Forms provided. (nas, ) |
| Filing 6 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. (nas, ) |
| Filing 5 NOTICE to plaintiff that 19 copies of his complaint are required by January 6, 2023 in order for the US Marshals to attempt to effect service on defendants.(nas, ) |
Filing 4
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 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 the following claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b): (1) Eighth Amendment deliberate medical indifference claims; (2) Eighth Amendment condition of confinement claims; (3) First Amendment retaliation claims related to suicide watches, medical treatment, and claims against Rieff; (4) First Amendment access to court claims; and (5) claims against Bishop, Baynes, Hana, Harrigan, Boyer, Denney, and Doe #2; The following claims survive the Court's sua sponte review pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and require a response: (1) Eighth Amendment excessive force and failure to intervene claims against Chantosh, Bullock, Plonka, McGregor, A. Martin, Mitchell, Cary, Locke, Hill, Merrick, Blackburn, E. Martin, Healy, Conto, Doe #1, Dtullio, and Vesenke; and (2) First Amendment retaliation claims against Dumas, Plonka, Bullock, McGregor, Chantosh, A. Martin, Mitchell, Cary, Merrick, Hill, Locke, Blackburn,Giller, and Santos. ORDERED that Plaintiff shall take reasonable steps through discovery to ascertain the identity of defendant Doe #1. Plaintiff's failure to timely serve this defendant will result in dismissal of the claims asserted against him and termination of this defendant from the action. Bishop, Baynes, Hana, Harrigan, Boyer, Denney, Sturgen, Murry, Fleunry, Lewis, Lashway, Hart, Hastings, Cook, Rieff, Doe #2, and Philips are DISMISSED as defendantsherein. ORDERED that upon receipt from plaintiff of the documents necessary for service, the Clerk shall issue summonses and forward them, along with copies of the Complaint, to the United States Marshal for service upon the defendants. The Clerk shall forward a copy of the summonses and Complaint to the Office of the Attorney General, together with a copy of this Decision and Order. Signed by Judge David N. Hurd on December 5, 2022. {order served via regular mail on plaintiff}(nas)
|
| Filing 3 INMATE AUTHORIZATION FORM by Ako K. Burrell. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Ako K. Burrell(nas, ) |
| Filing 1 COMPLAINT against Baynes, Reginald Bishop, Blackburn, Boyer, J. Bullock, Cary, Chontosh, Conto, Cook, Denney, John Doe, John Doe, Dtullio, D. Dumas, Fluenry, Marybeth Giller, Hana, Harrigan, Hart, Hastings, Healy, Hill, Lashway, Lewis, Locke, A. Martin(Correctional Officer ), A. Martin(Correctional Officer), McGregor, Merrick, Mitchell, Murry, Phillips, Sergeant Plonka, Rieff, Santos, Sturgen, Vesenske filed by Ako K. Burrell. (Attachments: #1 envelope)(nas, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
