Wilmot-Francis v. Giordano et al
Plaintiff: Anthony J. Wilmot-Francis
Defendant: Ryan Giordano, Vitale, Millington and Rockwell
Case Number: 9:2023cv01535
Filed: December 7, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: Mae A D'Agostino
Referring Judge: Daniel J Stewart
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 30, 2024 Filing 14 TEXT ORDER: Since the Court's issuance of the Decision and Order entered on January 17, 2024, plaintiff has filed two letters. Dkt. Nos. #12 , #13 . The first letter seeks judicial relief based on an incident that occurred after the filing date of the complaint. Dkt. No. #12 . The second letter includes additional allegations of wrongdoing related to plaintiff's claims that survived sua sponte review, as well as allegations related to the event described in the first letter. Dkt. No. #13 . The first letter was not filed as a proper motion and is not supported by any record evidence. For these reasons, insofar as the letter may be construed as a request for injunctive relief, it is denied without prejudice to him filing a proper motion, with supporting record evidence. See N.D.N.Y. L.R. 7.1; 65.1. Moreover, the Court does not construe either the first letter or the second letter as an amended complaint because neither is captioned as such or constitutes a complete pleading. Indeed, neither letter includes any allegations of wrongdoing by two of the defendants who remain in this case Millington and Rockwell. In the event plaintiff wishes to amend his complaint, he is advised that any amended complaint must bear his original signature, and must be a complete pleading, which will supersede and replace the original complaint in its entirety. The Clerk is directed to send plaintiff a copy of his original complaint #1 , his two recent letter submissions #12 , #13 , and a blank form complaint for his use in preparing an amended complaint if he so desires. Any other intended request for judicial relief in either letter submission is denied. Authorized by U.S. District Judge Mae A. D'Agostino on January 30, 2024.{text order and referenced documents served via regular mail on plaintiff} (nas,)
January 29, 2024 Filing 13 Amendment to #1 Complaint by Anthony J. Wilmot-Francis. (nas)
January 22, 2024 Filing 12 Letter Motion from Anthony J. Wilmot-Francis requesting injunctive relief and forms. (nas, )
January 17, 2024 Filing 11 Notification to Superintendent of Filing - Provided Superintendent at Marcy Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, )
January 17, 2024 Filing 10 NOTICE to plaintiff that 4 copies of his complaint are required by 2/20/2024 in order for the US Marshals to effect service on defendants. (nas)
January 17, 2024 Opinion or Order Filing 9 DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. #6 ) is GRANTED. ORDERED that the following claims SURVIVE sua sponte review: (1) plaintiff's Eighth Amendment excessive force claims against defendants Giordano, Millington, Rockwell, and Vitale; (2) plaintiff's First Amendment retaliation claim against defendant Giordano; and (3) plaintiff's Eighth Amendment medical indifference claims against defendants Giordano, Millington, Rockwell, and Vitale. ORDERED that plaintiff's Motion for Counsel (Dkt. No. #8 ) is DENIED without prejudice. ORDERED that upon receipt from plaintiff of the documents required for service, the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon defendants Giordano, Millington, Rockwell, and Vitale. 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 Magistrate Judge Daniel J. Stewart on January 17, 2024. {order served via regular mail on plaintiff}(nas)
January 11, 2024 Filing 8 MOTION to Appoint Counsel filed by Anthony J. Wilmot-Francis.(nas)
December 21, 2023 Filing 7 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 21, 2023. {text order served via regular mail on plaintiff}(nas)
December 21, 2023 Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Anthony J. Wilmot-Francis(nas)
December 7, 2023 Opinion or Order Filing 5 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 $405.00 filing fee in full; or (2) submit a completed and signed IFP application. Signed by U.S. District Judge Mae A. D'Agostino on December 7, 2023. {order and blank ifp form served via regular mail on plaintiff}(nas)
December 7, 2023 Filing 4 NOTICE by Anthony J. Wilmot-Francis of address dated 11/26/23 (nas, )
December 7, 2023 Filing 3 INMATE AUTHORIZATION FORM by Anthony J. Wilmot-Francis. (nas )
December 7, 2023 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Anthony J. Wilmot-Francis(nas)
December 7, 2023 Filing 1 COMPLAINT against Ryan Giordano, Millington, Rockwell, Vitale filed by Anthony J. Wilmot-Francis. (Attachments: #1 envelope)(nas)

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Plaintiff: Anthony J. Wilmot-Francis
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Defendant: Ryan Giordano
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Defendant: Vitale
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Defendant: Millington
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Defendant: Rockwell
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