Ransom v. Cook et al
| Christopher Ransom |
| Ms. Cook, Ms. Harrigan, Mr. Rushford, Ms. McIntosh, John Doe 1, Clinton Correctional Facility, NYS Department of Correction and Community Supervision, Dannemora, NY, New York State and John Doe 2 |
| 9:2022cv01310 |
| December 7, 2022 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 15 Summons Issued as to Cook, Harrigan, NYS Department of Correction and Community Supervision, Rushford. (Documents sent to the NYS AG in compliance with the #11 Decision and Order) (meb) |
| Filing 14 Letter enclosing copies of the complaint for service filed by Christopher Ransom. (Attachments: #1 Mailing envelope)(meb) |
| Filing 13 NOTICE from the court to plaintiff that four copies of the complaint are required for service by 2/23/2023. (Copy served via regular mail) (meb) |
| Filing 12 Notification to Superintendent of Filing - Provided Superintendent at Shawangunk Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
Filing 11
DECISION AND ORDER: It is ORDERED that plaintiff's IFP Application (Dkt. No. #7 ) is GRANTED; The Clerk shall provide the superintendent of the facility, designated by plaintiff as his current location, with a copy of plaintiff's authorization form (Dkt. No. #3 ), and notify the official that this action has been filed and that plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; The Clerk shall provide a copy of plaintiff's authorization form (Dkt. No. #3 ) to the Financial Deputy of the Clerk's Office; Plaintiff's motion to amend his complaint (Dkt. No. #9 ) is DENIED as unnecessary; Plaintiff's Section 1983 claims for money damages against the State of New York, DOCCS, Clinton Correctional Facility, the City of Dannemora, and 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 and/or frivolous; The following claims SURVIVE sua sponte review and require a response: (1) plaintiff's ADA and Rehabilitation Act claims against DOCCS; and (2) plaintiff's Eighth Amendment medical indifference claims against defendants Cook, Harrigan, and Rushford; All 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; The Clerk shall TERMINATE all of the defendants from this action except DOCCS, Cook, Harrigan, and Rushford; 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 DOCCS, Cook, Harrigan, and Rushford. The Clerk shall forward a copy of the summons and complaint to the Office of the New York State Attorney General, together with a copy of this Decision and Order; A response to the complaint be filed by DOCCS, Cook, Harrigan, and Rushford, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Judge David N. Hurd on 1/24/2023. (Copy served via regular mail)(meb)
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| Set Deadline: Notice of Compliance Deadline 2/23/2023. (meb) |
| Filing 10 NOTICE of Change of Address filed by Christopher Ransom. Old Address: Clinton Correctional Facility. New Address: Shawangunk Correctional Facility. (Mailing envelope included) (meb) |
| Filing 9 MOTION to Amend the #1 Complaint filed by Christopher Ransom.(meb) |
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Filing 8
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 David N. Hurd on 12/28/2022. (Copy served via regular mail)(meb)
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| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by Christopher Ransom. (Mailing envelope included)(meb) |
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Filing 6
TEXT ORDER: The Court is in receipt of a letter [Dkt. No. #5 ] recently filed by the plaintiff regarding his desire to add Corrections Officer Dickinsen as a defendant in this action, which was administratively closed on December 7, 2022. Dkt. No. 4 ("Administrative Closure Order"). Because this action is currently closed, plaintiff's request is denied without prejudice. Notwithstanding this ruling, and in light of plaintiff's apparent desire to proceed with this action, the Court will afford him an additional thirty (30) days to either (1) pay the $402.00 filing fee in full, or (2) submit a completed and signed in forma pauperis ("IFP") application with either (i) the certification portion of the application completed by an appropriate official at his facility, or (ii) certified copies of his account statements for the six-month period immediately preceding the filing of a complaint. In the event plaintiff timely complies with this Order, this action will be re-opened, at which point the Court will consider plaintiff's request to proceed IFP in light of the "three strikes" provision of 28 U.S.C. 1915(g) and, if appropriate, review the complaint in accordance with 28 U.S.C. 1915(e) and/or 28 U.S.C. 1915A. The Clerk is directed to send plaintiff a copy of the docket sheet and a blank IFP application. Authorized by Magistrate Judge Daniel J. Stewart on December 15, 2022. {text order and referenced documents served via regular mail on plaintiff}(nas )
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| Filing 5 Letter Request to add a defendant to the case filed by Christopher Ransom. (Mailing envelope included) (meb) |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that plaintiff's IFP application is DENIED as incomplete; and it is further ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further 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; and it is further ORDERED that upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review; and it is further ORDERED that the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application. Signed by Judge David N. Hurd on 12/7/2022. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 3 INMATE AUTHORIZATION FORM filed by Christopher Ransom. (meb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Christopher Ransom.(meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Clinton Correctional Facility, Cook, Dannemora, NY, Harrigan, John Doe 1, John Doe 2, McIntosh, NYS Department of Correction and Community Supervision, New York State, Rushford filed by Christopher Ransom. (Attachments: #1 Cover letter and mailing envelope)(meb) |
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