Herbert v. DeRouchie et al
| Jeremiah F. Herbert |
| L. DeRouchie, K.P. Palm, J. Spinner, Samantha Congers, Richard, McQuinn, Mayes and Moore |
| 9:2023cv01472 |
| November 27, 2023 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Mae A D'Agostino |
| Mitchell J Katz |
| 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 January 17, 2024. A more recent docket listing may be available from PACER.
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| Filing 11 NOTICE to plaintiff that copies of his complaint are required by February 20, 2024 in order for the US Marshals to effect service on defendants.(nas) |
| Filing 10 Notification to Superintendent of Filing - Provided Superintendent at Attica Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas ) |
| Filing 9 DECISION AND ORDER: ORDERED that #5 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's Section 1983 official capacity claims for money damages are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and U.S.C. 1915A(b) as barred by the Eleventh Amendment. ORDERED that the following individual capacity claims SURVIVE sua sponte reviewand require a response: (1) plaintiff's Eighth Amendment conditions-of-confinement claims against defendants DeRouchie, Congers, Palm, Spinner, and Moore; and (2) plaintiff's Eighth Amendment excessive force claims against defendants DeRouchie, McQuinn, Moore, Mayes, Palm, Richards, Congers, and Spinner. ORDERED that plaintiff's 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. ORDERED that, upon receipt from plaintiff of the documents required for service, the Clerk shall issue summonses and forward them, along with the necessary copies of the complaint, to the United States Marshal for service upon the defendants DeRouchie, McQuinn, Moore, Mayes, Palm, Richards, Congers, and Spinner. 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. Signed by U.S. District Judge Mae A. D'Agostino on January 16, 2024. {order served via regular mail on plaintiff}(nas) |
| Filing 8 Discovery Request and Demands by Jeremiah F. Herbert.(nas ) |
Filing 7
TEXT ORDER REASSIGNING CASE. Case reassigned to US Magistrate Judge Mitchell J. Katz for all further proceedings. US Magistrate Andrew T. Baxter no longer assigned to case. Authorized by Chief Judge Brenda K. Sannes on January 5, 2024. {text order served via regular mail on plaintiff}(nas)
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| Filing 6 TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by U.S. District Judge Mae A. D'Agostino on December 14, 2023. {text order served via regular mail on plaintiff}(nas) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Jeremiah F. Herbert (Attachments: #1 cover letter; envelope)(nas ) |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP application is DENIED as incomplete. ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that, if plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, either (1) pay the $402.00 filing fee in full; or (2) submit a completed and signed IFP application. Signed by U.S. District Judge Mae A. D'Agostino on November 28, 2023. {order and blank ifp form served via regular mail on plaintiff}(nas )
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| Filing 3 INMATE AUTHORIZATION FORM by Jeremiah F. Herbert. (nas ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Jeremiah F. Herbert(nas) |
| Filing 1 COMPLAINT against Samantha Congers, L. DeRouchie, Mayes, McQuinn, Moore, K.P. Palm, Richard, J. Spinner filed by Jeremiah F. Herbert. (Attachments: #1 cover letter, #2 envelope)(nas ) (Additional attachment(s) added on 11/28/2023: #3 Exhibit A) (nas, ). |
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