McMillan v. Orbegozo et al
| Jimir S. McMillan |
| Gabriel Orbegozo, Jonpaul Fowler, Matthew Gibson, Lee Harrigan, Nicholas Stowe, Jane Doe #1, D. Carey-Dingle, J. Barnes, John Doe #1, John Doe #2, Jane Doe #2, John Shambo, R. Roberts, A. Gravlin, John Lacroix, John Vesneske, R. Bishop, Donald Ulher, J. Fulmer, John Doe #3, E. LaRelle, V. LaPage, JB, TMM, T. Nelson, J. Hungerford, A. Rodriguez, A. Annucci, Jane Doe #3, Jane Doe #4, Jane Doe #5, L. Barse, T. Demers, Michael Ranieri and B. Wilson |
| 9:2023cv00424 |
| April 5, 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 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 9 NOTICE to plaintiff of the 6/16/2023 deadline to provide copies of the complaint for service. (Copy sent via regular mail) (meb) |
| Filing 8 Notification to Superintendent of Filing - Provided Superintendent at Upstate Correctional Facility with notice of instant action and a copy of Plaintiff's #3 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. #2 ) is GRANTED. The Clerk is directed to 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 to the Northern District of New York the statutory filing fee of $350.00 in installments, over time, pursuant to 28 U.S.C. 1915; and it is further ORDERED that the Clerk shall provide a copy of plaintiff's authorization form (Dkt. No. #3 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED that the claims stated herein SURVIVE sua sponte review; and it is further ORDERED that all 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; and it is further ORDERED that the Court declines to exercise supplemental jurisdiction over plaintiff's state law claims, with the exception of his assault and battery claims against defendants Orbegozo, Fowler, Gibson, Harrigan, Stowe, Baines, John Doe #1, and John Doe #2, and these claims are therefore DISMISSED without prejudice to refiling in the appropriate state court; and it is further ORDERED that 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 the defendants Orbegozo, Fowler, Gibson, Harrigan, Stowe, Baines, LaPage, LaRelle, Bishop, Rodriguez, Annucci, Wilson, Uhler, Gravlin, Barse, and Demers. 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; and it is further ORDERED that plaintiff take reasonable steps to ascertain the identities of John Doe #1, John Doe #2, Jane Doe #3, Jane Doe #4, and Jane Doe #5 and when identified, seek to amend the complaint to add these individuals as defendants in this action pursuant to Federal Rule of Civil Procedure 15(a); and it is further ORDERED that upon the completion of service, a response to plaintiff's complaint be filed by defendants Orbegozo, Fowler, Gibson, Harrigan, Stowe, Baines, LaPage, LaRelle, Bishop, Rodriguez, Annucci, Wilson, Uhler, Gravlin, Barse, and Demers, or their counsel, as provided for in the Federal Rules of Civil Procedure; and it is further ORDERED that the Clerk shall TERMINATE all defendants except Orbegozo, Fowler, Gibson, Harrigan, Stowe, Baines, LaPage, LaRelle, Bishop, Rodriguez, Annucci, Wilson, Uhler, Gravlin, Barse, Demers, John Doe #1, John Doe #2, Jane Doe #3, Jane Doe #4, and Jane Doe #5; and it is further ORDERED that plaintiff's Motion for Counsel (Dkt. No. #4 ) is DENIED without prejudice as set forth above; and it is further ORDERED that plaintiff's letter request for an investigation related to his Section 1983 claims (Dkt. No. #5 ) is DENIED as set forth above; and it is further ORDERED that plaintiff's letter request for sanctions (Dkt. No. #6 ) is DENIED as set forth above; and it is further ORDERED that the Clerk of the Court shall provide plaintiff with copies of the unpublished decisions cited herein in accordance with the Second Circuit decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). Signed by Chief Judge Brenda K. Sannes on 5/17/2023. (Attachments: #1 Case law) (Copy served via regular mail)(meb)
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| Filing 6 Letter Request for sanctions filed by Jimir S. McMillan. (Mailing envelope included) (meb) |
| Filing 5 Letter Request for an investigation filed by Jimir S. McMillan. (meb) |
| Filing 4 MOTION to Appoint Counsel filed by Jimir S. McMillan. (meb) |
| Filing 3 INMATE AUTHORIZATION FORM filed by Jimir S. McMillan. (meb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Jimir S. McMillan. (Attachments: #1 Proposed Summons)(meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against A. Annucci, J. Barnes, L. Barse, R. Bishop, D. Carey-Dingle, T. Demers, Jonpaul Fowler, J. Fulmer, Matthew Gibson, A. Gravlin, Lee Harrigan, J. Hungerford, JB, Jane Doe #1, Jane Doe #2, Jane Doe #3, Jane Doe #4, Jane Doe #5, John Doe #1, John Doe #2, John Doe #3, V. LaPage, E. LaRelle, John Lacroix, T. Nelson, Gabriel Orbegozo, Michael Ranieri, R. Roberts, A. Rodriguez, John Shambo, Nicholas Stowe, TMM, Donald Ulher, John Vesneske, B. Wilson filed by Jimir S. McMillan. (Attachments: #1 Civil Cover Sheet, #2 Mailing envelope)(meb) |
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