Smith v. Annarino et al
| Sincere Smith |
| Molly Annarino and T. Bork |
| 9:2023cv00533 |
| May 1, 2023 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Miroslav Lovric |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 NOTIFICATION OF FILING TO NYS ATTORNEY GENERAL: Copies of #8 Summons Issued, #7 Order, #1 Complaint sent electronically to the NYS Attorney General Office as directed by the Court. (Attachments: #1 copy of summons, #2 copy of complaint)(nas ) |
| Filing 8 Summons Issued as to Molly Annarino, T. Bork. (nas) |
| Filing 7 DECISION AND ORDER: ORDERED that the amended complaint (Dkt. No. #6 ) is accepted for filing and is deemed the operative pleading. ORDERED that the First Amendment retaliation claim against Annarino is DISMISSED 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 the excessive force claims against Annarino and Bork survive the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b). ORDERED that the Clerk shall issue summonses and forward them, along with copies of the amended complaint, to the United States Marshal for service upon defendants. The Clerk shall forward a copy of the summonses and amended complaint to the Office of the Attorney General, together with a copy of this Decision and Order, by electronic mail only. Signed by U.S. District Judge Mae A. D'Agostino on June 26, 2023. {order served via regular mail on plaintiff}(nas) |
| Filing 6 AMENDED COMPLAINT filed by Sincere Smith.(nas) |
| Filing 5 Notification to Superintendent of Filing - Provided Superintendent at Mid-State Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 4 DECISION AND ORDER: ORDERED that plaintiff's IFP application (Dkt. No. #2 ) is GRANTED. ORDERED that if plaintiff wishes to proceed with this action, he must file an amended complaint as set forth above within thirty (30) days from the date of the filing of this Decision and Order. ORDERED that if plaintiff timely files an amended complaint, this matter be returned to the Court for further review. ORDERED that if plaintiff fails to timely file an amended complaint as directed, the Clerk shall enter judgment indicating that this action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case. Signed by U.S. District Judge Mae A. D'Agostino on May 22, 2023. {order served via regular mail on plaintiff}(nas) |
| Filing 3 INMATE AUTHORIZATION FORM by Sincere Smith. (nas,) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Sincere Smith(nas, ) |
| Filing 1 COMPLAINT against Molly Annarino, T. Bork filed by Sincere Smith.(nas ) |
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