Peoples v. Annucci et al
| Leroy Peoples |
| Anthony Annucci, Tina Stanford and John Shea |
| 9:2022cv01263 |
| November 28, 2022 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Glenn T Suddaby |
| 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 June 13, 2023. A more recent docket listing may be available from PACER.
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Filing 10
Letter from Peoples advising that he waives his right to a jury trial demand. (nas, )
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Filing 9
TEXT ORDER RE #8 : Plaintiff's request for a settlement conference is denied as premature at this time. Summonses were issued for the Defendant on January 17, 2023 and no appearance has been made on Defendant's behalf at this time. Plaintiff may renew his request after service has been effected on Defendant and a notice of appearance for representation has been filed on his behalf. The Clerk is directed to provide Plaintiff with an updated copy of the docket sheet for this action. Authorized by Magistrate Judge Therese Wiley Dancks on January 24, 2023. {text order and docket sheet served via regular mail on petitioner}(nas )
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Filing 8
Letter Motion from Leroy Peoples requesting a settlement conference. (nas, )
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Filing 7
Summons Issued as to John Shea. {copy of summons; order and complaint served on the Office of the Attorney General}(nas)
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Filing 6
Notification to Superintendent of Filing - Provided Superintendent at Clinton Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, )
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Filing 5
DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's claims for money damages against the named 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) as barred by the Eleventh Amendment. ORDERED that plaintiff's Section 1983 intimate association claim against defendant Shea, based on the continued existence of the no-contact condition following plaintiff's final revocation hearing, SURVIVES sua sponte review and requires a response. ORDERED that plaintiff's 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 Annucci and Stanford from 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 defendant Shea. The Clerk shall forward a copy of the summons and complaint by mail to the New York State AttorneyGeneral's Office, together with a copy of this Decision and Orde. Signed by U.S. District Judge Glenn T. Suddaby on January 17, 2023. {order served via regular mail on plaintiff}(nas)
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Filing 4
Letter from Peoples inquiring as to status. Updated copy of docket sheet provided. (nas )
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Filing 3
INMATE AUTHORIZATION FORM by Leroy Peoples. (nas, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Leroy Peoples(nas, )
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Filing 1
COMPLAINT against Anthony Annucci, John Shea, Tina Stanford filed by Leroy Peoples. (Attachments: #1 envelope)(nas ) (Additional attachment(s) added on 12/2/2022: #2 Exhibit(s)) (nas, ).
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