Portillo v. John Doe Sergeant et al
| Jaime Portillo |
| John Doe Sergeant, C.O. John Doe 1 and C.O. John Doe 2 |
| 9:2023cv00594 |
| May 17, 2023 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Thomas J McAvoy |
| 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 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 8 TEXT ORDER: On June 13, 2023, the Court received a response to the Decision and Order filed on June 5, 2023 from the Office of the New York State Attorney General. See Dkt. No. #7 . The Clerk of the Court is directed to forward a copy of the letter to plaintiff. It is ordered that plaintiff has thirty days from the date of this Order to file an amended complaint to clarify the date(s) of the incident(s) identified in his complaint. In an effort to assist plaintiff in drafting the proposed amended complaint, the Clerk shall forward to plaintiff a copy of his complaint (Dkt. No. #1 ). Plaintiff may clarify the date(s) by handwriting the date(s) in the appropriate locations throughout on the copy of the complaint and indicate in the caption of the document that it is the amended complaint. Once plaintiff has made these changes to the copy of the operative pleading, captioned it as his amended complaint, and signed the proposed pleading, he should submit it to the Court for review. (Notice of Compliance Deadline 7/27/2023). Authorized by US Magistrate Judge Andrew T. Baxter on 6/27/2023. (Copy served via regular mail)(meb) |
| Filing 7 STATUS REPORT by C.O. John Doe 1. (Attachments: #1 Court Order)(Knappen, Judson) |
| Filing 6 NOTIFICATION OF FILING TO NYS ATTORNEY GENERAL: Copies of the #1 Complaint and the #4 Decision and Order sent electronically to the NYS Attorney General Office as directed by the Court. (Attachments: #1 Complaint)(meb) |
| Filing 5 Notification to Superintendent of Filing - Provided Superintendent at Franklin Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
Filing 4
DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP application (Dkt. No. #2 ) 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 deliberate medical indifference 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 Eighth Amendment excessive force and failure-to-intervene claims against Sgt. Doe, C.O. Doe 1, and C.O. Doe 2 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 the Office of the Attorney General is hereby requested to produce the information specified above, to the extent that it can, regarding the identity of the defendants within thirty (30) days of the filing date of this Decision and Order. The information should be sent to the Clerk of the Court for the Northern District of New York along with a copy of this Decision and Order, as well as to plaintiff at his address of record. Once this information is provided, the Clerk shall return this file to the Court for further review. Signed by Senior Judge Thomas J. McAvoy on 6/5/2023. (Copy served via regular mail)(meb)
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| Filing 3 INMATE AUTHORIZATION FORM filed by Jaime Portillo. (meb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Jaime Portillo. (Attachments: #1 Proposed Summons)(meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against C.O. John Doe 1, C.O. John Doe 2, John Doe Sergeant filed by Jaime Portillo. (Attachments: #1 Civil Cover Sheet, #2 Mailing envelope)(meb) |
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