Webb v. Fessette et al
| Michael Webb |
| Eric M. Fessette, John Doe #1, John Doe #2, Jacob R. Mullady, Brandon R. Minckler, Torin A. Fittin and Dustin D. Bell |
| 9:2023cv01577 |
| December 15, 2023 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 11 Letter from Webb setting forth his attempts to identify the Doe Defendants. (nas ) |
| Filing 10 NOTIFICATION OF FILING TO NYS ATTORNEY GENERAL: Copies of #9 Summons Issued, #1 Complaint, #7 Order sent electronically to the NYS Attorney General Office as directed by the Court. (Attachments: #1 copy of complaint, #2 copy of summons)(nas, ) |
| Filing 9 Summons Issued as to Dustin D. Bell, Eric M. Fessette, Torin A. Fittin, Brandon R. Minckler, Jacob R. Mullady. (nas) |
| Filing 8 Notification to Superintendent of Filing - Provided Superintendent at Adirondack Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas ) |
| Filing 7 DECISION AND ORDER: ORDERED that #5 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's Section 1983 claims against the named defendants in their official capacity are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) as barred by the Eleventh Amendment. ORDERED that plaintiff's Eighth Amendment excessive force and failure-to-intervene claims against defendants John Doe #1, John Doe #2, Fessette, Bell, Fittin, Mullady, and Minckler SURVIVE sua sponte review and require a response. ORDERED that the Clerk shall issue summonses and forward them, along with five copies of the complaint, to the United States Marshal for service upon defendants Fessette, Bell, Fittin, Mullady, and Minckler. 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 23, 2024. {order served via regular mail on plaintiff}(nas ) |
| 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 January 2, 2024. {text order served via regular mail on plaintiff}(nas) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Michael Webb (Attachments: #1 cover letter; envelope)(nas) |
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 $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 19, 2023. {order and blank ifp form served via regular mail on plaintiff}(nas )
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| Filing 3 INMATE AUTHORIZATION FORM by Michael Webb. (nas ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Michael Webb(nas) |
| Filing 1 COMPLAINT against Dustin D. Bell, John Doe #1, John Doe #2, Eric M. Fessette, Torin A. Fittin, Brandon R. Minckler, Jacob R. Mullady filed by Michael Webb.(nas ) |
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