Greenwood v. Smith et al
| Scott Greenwood |
| Jeffery T. Smith, Barbuti, Cross, Morratta, Melissa Bramer, Gina Yesse, Paula Hoffman, Hildreth, John/Jane Does(s), Bramer, Corporal Krestser and Montgomery County |
| 9:2023cv01413 |
| November 13, 2023 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 8 Notification to Superintendent of Filing - Provided Sheriff at Cayuga County Jail with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas ) |
| Filing 7 NOTICE to plaintiff of the required copies of his complaint for the Marshals to effect service. (nas ) |
Filing 6
DECISION AND ORDER: ORDERED that Plaintiff's IFP Application (Dkt. No. #2 ) is GRANTED. ORDERED that the Clerk shall update the docket to add Corporal Kretser and Montgomery County as defendants; The following claims SURVIVE sua sponte review and require a response: (1) plaintiff's Fourteenth Amendment failure-to-protect claims against defendants Kretser, Cross, Lieutenant Bramer, Barbuti, Hildreth, Morrata, Smith, and Montgomery County; (2) plaintiff's Fourteenth Amendment failure-to-intervene claim against defendant Morrata; (3)plaintiff's Fourteenth Amendment medical indifference claim against defendants Nurse Bramer, Nurse Yesse, Nurse Hoffman, Cross, Lieutenant Bramer, Kretser, and Barbuti; and (4) plaintiff's Fourteenth Amendment due process claim against defendant Cross based on his placement in restrictive confinement. ORDERED that Plaintiff's remaining Section 1983 claims are DISMISSED without prejudicepursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) f or failure to state a claim upon which relief may be granted. Plaintiff's state law claims are DISMISSED without prejudice for lack of subject matter jurisdiction; The Clerk shall TERMINATE "John/Jane Doe" as defendants in this action. ORDERED that Plaintiff's Motion for Counsel (Dkt. No. #5 ) is DENIED as set forth above. Upon receipt from plaintiff of the documents required for service, the Clerk shall issue summonses and forward them, along with ten copies of the complaint, to the United States Marshal for service upon defendants Kretser, Cross, Lieutenant Bramer, Barbuti, Hildreth, Morrata, Smith, Nurse Bramer, Nurse Yesse, Nurse Hoffman, and Montgomery County. Signed by Judge David N. Hurd on January 3, 2024. {order served via regular mail on plaintiff}(nas )
|
| Filing 5 MOTION to Appoint Counsel filed by Scott Greenwood.(nas ) |
| Filing 4 NOTICE OF CHANGE OF ADDRESS by Scott Greenwood Effective Date 11/21/23 Old Address: Orleans Correctional Facility New Address: Cayuga County Jail and providing account balance statement. (nas) |
| Filing 3 INMATE AUTHORIZATION FORM by Scott Greenwood. (nas ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Scott Greenwood(nas ) |
| Filing 1 COMPLAINT against Barbuti, Bramer(Lieutenant; Montgomery County Jail ), Melissa Bramer(Medical Staff; Montgomery County Jail ), Cross, John/Jane Does(s), Hildreth, Paula Hoffman, Morratta, Jeffery T. Smith, Gina Yesse filed by Scott Greenwood. (Attachments: #1 application to take leave to file late notice to file claim and supporting documents, #2 Civil Cover Sheet)(nas ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
