Burrell v. Howard et al
| Ako K. Burrell |
| Sgt. Howard, Sgt. Topel, Sgt. Brinkerloft, Sgt. Walker, Lt. Roth, Sgt. John Doe, C.O. Lacoppla, C.O. Gerhardt, C.O. Bjork, C.O. Nurudeen, C.O. Tomwel, C.O. John Doe #1, Jane Doe, Arrerino, Dr. Chandry, C.O. Wike, C.O. Petrius, C.O. Beach, C.O. Connor, C.O. Palmer, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, C.O. Huntley and D. Hatch |
| 9:2023cv00915 |
| July 28, 2023 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| David N Hurd |
| Miroslav Lovric |
| 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 September 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 NOTIFICATION OF FILING TO NYS ATTORNEY GENERAL: Copies of #6 Order #10 Summons Issued, #1 Complaint, sent electronically to the NYS Attorney General Office as directed by the Court. (Attachments: #1 copy of complaint, #2 copy of summons)(nas) |
| Filing 10 Summons Issued as to Arrerino, Beach, C.O. Bjork, C.O. Connor, C.O. Gerhardt, Sgt. Howard, C.O. Huntley, C.O. Lacoppla, Nurudeen, C.O. Palmer, Petrius, Tomwel, Sgt. Topel, Sgt. Walker. (nas ) |
| Filing 9 Copies of complaint for service submitted by Burrell. (Attachments: #1 2nd envelope) (nas ) |
| Filing 8 NOTICE to plaintiff that 14 copies of his complaint are required by 10/10/2023 for service (nas) |
| Filing 7 Notification to Superintendent of Filing - Provided Superintendent at Wende Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
Filing 6
DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. 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) claims against Chandry and Wike; (2) Eighth Amendment deliberate medical indifference claims; (3) Eighth Amendment condition-of-confinement claims; (4) First Amendment access-to-court claims; (5) First Amendment retaliation claims; and (6) Fourteenth Amendment deprivation of property claims. ORDERED that the Eighth Amendment excessive force claims against Gerhardt, LaCoppla, C.O. John Does 1 through 6, Connor, Palmer, Walker, Howard, Beach, Huntley, Bjork, Nurudeen, Tomwel, Topel, Nurse Doe, Arrerino, and Petrius survive the Court's suasponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and require a response. ORDERED that Brinkerhoff, Roth, Sgt. Doe, Chandry, Wike, and Hatch are DISMISSED as defendants herein. ORDERED that upon receipt of the documents for service from plaintiff, the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon the remaining defendants. The Clerk shall forward a copyof the summonses and complaint to the Office of the Attorney General, together with a copy of this Decision and Order by electronic mail only. ORDERED that plaintiff shall take reasonable steps through discovery to ascertain the identity of the Doe defendants. Plaintiff's failure to timely serve these defendants will result in dismissal of the claims asserted against them and termination of these defendants from the action. Signed by Chief Judge Brenda K. Sannes on September 7, 2023. (Attachments: #1 case law cited, #2 case law cited, #3 case law cited, #4 case law cited, #5 case law cited, #6 case law cited, #7 case law cited) {order served via regular mail on plaintiff}(nas)
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| Filing 5 NOTICE OF CHANGE OF ADDRESS by Ako K. Burrell Effective Date 8/29/2023 Old Address: Mid-State Correctional Facility New Address: Wende Correctional Facility (nas) |
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Filing 4
TEXT ORDER REASSIGNING CASE. Case reassigned to Chief Judge Brenda K. Sannes and Magistrate Judge Christian F. Hummel for all further proceedings. Judge David N. Hurd and Magistrate Judge Miroslav Lovric no longer assigned to case. SO ORDERED by Chief Judge Brenda K. Sannes on 8/23/23. (lmw) (Copy served upon pro se plaintiff via regular mail)
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| Filing 3 INMATE AUTHORIZATION FORM by Ako K. Burrell. (nas ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Ako K. Burrell(nas ) |
| Filing 1 COMPLAINT against Arrerino, C.O. Huntley, Beach, C.O. Bjork, Sgt. Brinkerloft, Chandry, C.O. Connor, Hatch, Jane Doe, John Doe, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, C.O. Gerhardt, Sgt. Howard, C.O. Lacoppla, Nurudeen, C.O. Palmer, Petrius, Lt. Roth, Tomwel, Sgt. Topel, Sgt. Walker, Wike filed by Ako K. Burrell.(nas ) |
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