Perez v. Bombard et al
| Ignacio Perez |
| C.O. S. Bombard, John Does 1, 2, Superintendent Cape Vincent and A. Annucci |
| 9:2023cv00185 |
| February 9, 2023 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 NOTIFICATION OF FILING TO NYS ATTORNEY GENERAL: Copies of #1 Complaint, #10 Summons Issued, #8 Order. Sent electronically to the NYS Attorney General Office as directed by the Court. (Attachments: #1 summons, #2 complaint)(nas, ) |
| Filing 10 Summons Issued as to S. Bombard. (nas ) |
| Filing 9 Notification to Superintendent of Filing - Provided Superintendent at Fishkill Correctional Facility with notice of instant action and a copy of Plaintiff's #6 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 8 DECISION AND ORDER: ORDERED that #5 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's Eighth Amendment excessive force and failure-to-intervene claims against defendants Bombard, C.O. John Doe #1, and C.O. John Doe #2 SURVIVE sua sponte review and require a response. ORDERED that all remaining Section 1983 claims are DISMISSED without prejudicepursuant 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 Cape Vincent C.F. Superintendent Doe as defendants in 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 Bombard. The Clerk shall forward a copy of the summons and complaint by electronic mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. Signed by U.S. District Judge Mae A. D'Agostino on March 27, 2023. {order served via regular mail on plaintiff}(nas) |
| Filing 7 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 U.S. District Judge Mae A. D'Agostino on March 3, 2023. {text order served via regular mail on plaintiff}(nas, ) |
| Filing 6 INMATE AUTHORIZATION FORM by Ignacio Perez. (nas ) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Ignacio Perez(nas, ) |
Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP application is DENIED as incomplete. 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, (1) either (a) pay the $402.00 filing fee in full, or (b) submit a completed and signed IFP application; AND (2) submit a completed and signed inmate authorization form. Signed by U.S. District Judge Mae A. D'Agostino on February 10, 2023. {order and blank forms served via regular mail on plaintiff}(nas)
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| Filing 3 Case transferred in from District of New York Southern; Case Number 1:23-cv-00799. electronically transferred when case opened |
| MAILING RECEIPT: Document No: 2. Mailed to: Ignacio Perez 20-R-0218 Fishkill Correctional Facility P.O. Box 1245 Beacon, NY 12508. (dsh) [Transferred from New York Southern on 2/9/2023.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York.(rdz) [Transferred from New York Southern on 2/9/2023.] |
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Filing 2
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this court. This order closes this case. The Court certifies, pursuant to 28 U.S.C 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/1/23) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 2/9/2023.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) [Transferred from New York Southern on 2/9/2023.] |
| Filing 1 COMPLAINT against A. Annucci, S. Bombard, John Does 1, 2, Superintendent Cape Vincent. Document filed by Ignacio Perez..(rdz) [Transferred from New York Southern on 2/9/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 2/9/2023.] |
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