Musaid v. New York State Dept. of Corrections et al
| Mohamed Musaid |
| New York State Dept. of Corrections, Nephews, Donner, John Doe and Donita McIntosh |
| 9:2023cv00257 |
| February 27, 2023 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Brenda K Sannes |
| 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 April 24, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 MOTION for Leave to Proceed in forma pauperis filed by Mohamed Musaid(nas, ) |
| Filing 12 Summons Returned Unexecuted as to Donner. (nas ) |
| Filing 11 BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $8.00. (nas, ) |
| Filing fee rec'd from Clinton CF for Plaintiff: $ 350.00, receipt number 500000245 (nas, ) |
| Filing 10 NOTIFICATION OF FILING TO NYS ATTORNEY GENERAL: Copies of #1 Complaint, #9 Summons Issued, #7 Order. Sent electronically to the NYS Attorney General Office as directed by the Court. (Attachments: #1 summons, #2 complaint)(nas ) |
| Filing 9 Summons Issued as to Donner. (nas, ) (Main Document 9 replaced on 3/24/2023) (nas, ). |
| Filing 8 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 ) |
Filing 7
DECISION AND ORDER: ORDERED that the Clerk of the Court is directed to attach the submission at Dkt. No. #2 to the submission at Dkt. No. #5 . ORDERED that plaintiff's in forma pauperis application (Dkt. No. #5 ) is GRANTED. ORDERED that plaintiff's 1983 claims for monetary damages against Clinton C.F. are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b). ORDERED that plaintiff's Eighth Amendment excessive force claims against Donner survive sua sponte review and require a response. ORDERED that the 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. ORDERED that Clinton C.F., Nephews, John Doe, and McIntosh are DISMISSED 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 the remaining defendant. The Clerk shall forward a copy of the summons and complaint to the Office of the Attorney General, together with a copy of this Decision and Order by electronic mail only. Signed by Chief Judge Brenda K. Sannes on March 21, 2023. (Attachments: #1 case law cited, #2 case law cited, #3 case law cited, #4 case law cited) {order served via regular mail on plaintiff}(nas)
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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 Chief Judge Brenda K. Sannes on March 7, 2023. {text order served via regular mail on plaintiff}(nas )
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Mohamed Musaid[page 2 only](nas, ) (Main Document 5 replaced on 3/22/2023) (nas, ). |
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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, either (1) pay the $402.00 filing fee in full; or (2) submit a completed and signed IFP application. Signed by Chief Judge Brenda K. Sannes on February 28, 2023. {order and blank ifp form served via regular mail on plaintiff}(nas )
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| Filing 3 INMATE AUTHORIZATION FORM by Mohamed Musaid. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Mohamed Musaid[clerk notes ifp form is only page 1; no page 2 provided] (nas, ) |
| Filing 1 COMPLAINT against John Doe, Donner, Donita McIntosh, Nephews, New York State Dept. of Corrections filed by Mohamed Musaid. (Attachments: #1 Civil Cover Sheet, #2 envelope)(nas ) |
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