Oudekerk v. Doe #1 et al
| Nicholas Oudekerk |
| Doe #1, Doe #2, Doe #3, Doe #4 and Doe #5 |
| 9:2024cv00113 |
| January 23, 2024 |
| US District Court for the Northern District of New York |
| David N Hurd |
| 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 June 4, 2024. A more recent docket listing may be available from PACER.
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Filing 9
STATUS REPORT regarding valentin order by Doe #1, Doe #2, Doe #3, Doe #4, Doe #5. (Attachments: #1 Declaration of service)(Galus, Alexandra)
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Filing 8
NOTIFICATION OF FILING TO NYS ATTORNEY GENERAL: Copies of #1 Complaint, #7 Order, sent electronically to the NYS Attorney General Office as directed by the Court. Status Report due by 3/29/2024. (Attachments: #1 copy of complaint)(nas )
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Filing 7
DECISION AND ORDER: ORDERED that #4 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that Plaintiff's Section 1983 official capacity claims seeking money damages 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 claims against Corrections Officers John Doe #1-5 SURVIVE sua sponte review. ORDERED that the Clerk shall serve a copy of this Decision and Order on the New York State Attorney General's Office by electronic mail. The New York State Attorney General's Office is hereby requested, to the extent possible, to produce the information specified above regarding the identities of Corrections Officers John Doe #1-5 within thirty (30) days of the filing date of this Decision and Order. Upon receipt of a response from the New York State Attorney General's Office, as directed above, the Clerk shall return this file to the Court for further review. Signed by Judge David N. Hurd on February 29, 2024. {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 Judge David N. Hurd on February 6, 2024. {text order served via regular mail on plaintiff}(nas )
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Filing 5
INMATE AUTHORIZATION FORM by Nicholas Oudekerk. (nas )
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Filing 4
MOTION for Leave to Proceed in forma pauperis filed by Nicholas Oudekerk(nas )
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Filing 3
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, (1) either (a) pay the $405.00 filing fee in full, or (b) submit a completed and signed IFP application; AND (2) submit a completed and signed inmate authorization form. Signed by Judge David N. Hurd on January 25, 2024. {order and blank forms served via regular mail on plaintiff}(nas)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Nicholas Oudekerk[only page 1 received](nas ) (Additional attachment(s) added on 1/25/2024: #1 Proposed Summons) (nas, ).
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Filing 1
COMPLAINT against Doe #1, Doe #2, Doe #3, Doe #4, Doe #5 filed by Nicholas Oudekerk. (Attachments: #1 in support of claims, #2 Civil Cover Sheet, #3 envelope)(nas)
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