Hilton v. Caringi et al
| James D. Hilton |
| Caringi, Mahan, McDonald, Sergeant Mason, La Fountain, Raimo, C. Watkins, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7, John Doe #8, John Doe #9, John Doe #10, Jane Doe #1, Jane Doe #2, Tom Smith #1, Tom Smith #2, Tom Smith #3 and Tom Smith #4 |
| 9:2023cv00209 |
| February 16, 2023 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Christian F Hummel |
| 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 10 NOTIFICATION OF FILING TO NYS ATTORNEY GENERAL: Copies of the #7 Decision and Order, the #1 Complaint, and the #9 Summons sent electronically to the NYS Attorney General Office as directed by the Court. (Attachments: #1 Summons, #2 Complaint)(meb) |
| Filing 9 Summons Issued as to La Fountain, Mahan, Mason, McDonald, Raimo, C. Watkins. (meb) |
| Filing 8 Notification to Superintendent of Filing - Provided Superintendent at Great Meadow Correctional Facility with notice of instant action and a copy of Plaintiff's #5 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
| Filing 7 DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP application (Dkt. No. #4 ) is GRANTED; and it is further ORDERED that the Clerk provide the Superintendent of the facility, designated by plaintiff as his current location, with a copy of plaintiff's inmate authorization form, 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; and it is further ORDERED that the Clerk of the Court provide a copy of plaintiff's inmate authorization form to the Financial Deputy of the Clerk's Office; and it is further 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) for failure to state a claim upon which relief may be granted: (1) Eighth Amendment failure-to-intervene claims against John Does #4 through #10, Jane Doe #1, Jane Doe #2, Tom Smiths #1 through #4, and Caringi; (2) Eighth Amendment deliberate medical indifference claims; and (3) Fourteenth Amendment due process claims; and it is further ORDERED that the Eighth Amendment excessive force and failure-to-intervene claims against Mahan, McDonald, Mason, LaFountain, Ramos, John Doe #1, John Doe #2, and John Doe #3 survive the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and require a response; and it is further ORDERED that plaintiff shall take reasonable steps through discovery to ascertain the identity of defendants John Does #1 through #3. Plaintiff's failure to timely serve those defendants will result in dismissal of the claims asserted against them and termination of those defendants from the action; and it is further ORDERED that Caringi, John Does #4 through #10, Jane Doe #1, Jane Doe #2, Tom Smiths #1 through #4 are DISMISSED as defendants herein; and it is further ORDERED that the Clerk shall issue summonses and forward them, along with a copy of the complaint, to the United States Marshal for service upon the remaining 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, by electronic mail only; and it is further ORDERED that defendants or counsel, shall file a response to the complaint as provided for in the Federal Rules of Civil Procedure. Signed by U.S. District Judge Mae A. D'Agostino on 3/29/2023. (Copy served via regular mail)(meb) |
| Filing 6 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 3/14/2023. (Copy served via regular mail)(meb) |
| Filing 5 INMATE AUTHORIZATION FORM filed by James D. Hilton. (Attachments: #1 Mailing envelope)(meb) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by James D. Hilton (Attachments: #1 Mailing envelope)(meb) (Main Document 4 replaced on 3/14/2023 with a redacted version) (meb). |
Filing 3
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, (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; 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 and a blank inmate authorization form. Signed by U.S. District Judge Mae A. D'Agostino on 2/17/2023. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by James D. Hilton. (meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Caringi, Jane Doe #1, Jane Doe #2, John Doe #1, John Doe #10, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7, John Doe #8, John Doe #9, La Fountain, Mahan, Mason, McDonald, Raimo, Tom Smith #1, Tom Smith #2, Tom Smith #3, Tom Smith #4, C. Watkins filed by James D. Hilton. (Attachments: #1 Mailing envelope)(meb) |
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