Smith v. Labarge et al
Sincere Smith |
Labarge, C.O. A.N. Martin, C.O. A.U. Martin, C.O. A.D. Martin, C.O. M. Phillips, C.O. Ashley, C.O. Latray, C.O. Rowe, C.O. Tatro, C.O. G. Cary, C.O. E. Smith and Sergeant Miller |
9:2024cv00139 |
January 31, 2024 |
US District Court for the Northern District of New York |
Mae A D'Agostino |
Therese Wiley Dancks |
Prisoner: Civil Rights |
42 U.S.C. § 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 10 NOTICE to plaintiff of the 4/19/2024 deadline to provide copies of the compliant for service. (Copy served via regular mail) (meb) |
Filing 9 DECISION AND ORDER: It is hereby ORDERED that the Eighth Amendment deliberate medical indifference 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; and it is further ORDERED that the Eighth Amendment excessive force and failure-to-intervene claims against A.N. Martin, A.U. Martin, A.D. Martin, Phillips, Ashley, Latray, Rowe, Tatro, Cary, Smith, and Labarge survive the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and require a response; and it is further ORDERED that upon receipt of the documents for service from plaintiff, the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon the remaining defendants. The Clerk shall forward a copy of the summonses and complaint to the Office of the Attorney General, together with a copy of this Decision and Order by electronic mail only; and it is further ORDERED that defendants or their counsel, shall file a response to the complaint as provided for in the Federal Rules of Civil Procedure. Signed by U.S. District Judge Mae A. D'Agostino on 3/20/2024. (Attachments: #1 Case law)(Copy served via regular mail)(meb) |
Filing 8 Case transferred in from District of New York Southern; Case Number 7:23-cv-10264. electronically transferred when case opened |
MAILING RECEIPT: Document No: 5. Mailed to: Sincere Smith DINNo.18A4013 309 Bare Hill Road P.O. Box 2000 Malone, NY 12953. (mt) [Transferred from New York Southern on 1/31/2024.] |
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Filing 6 SUMMONS ISSUED as to Sergeant Miller. (nb) [Transferred from New York Southern on 1/31/2024.] |
FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 1/25/2024 Re: Judge Kenneth M. Karas #5 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Sincere Smith DIN No. 18A4013 Upstate Correctional Facility 309 Bare Hill Road P.O. Box 2000 Malone, NY 12953. (nb) [Transferred from New York Southern on 1/31/2024.] |
Mailed a copy of #5 Order of Service, #1 Complaint to New York State Attorney General Managing Attorneys Office, 28 Liberty Street, 16th Floor, New York, NY 10005. (nb) [Transferred from New York Southern on 1/31/2024.] |
PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Upstate Correction Officers Labarge, Martin, Martin, Martin, Phillips, Ashley, Rowe, Tatro, Gary, and Smith only, from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York.(yv) [Transferred from New York Southern on 1/31/2024.] |
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NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Laura Taylor Swain is no longer assigned to the case. (sgz) [Transferred from New York Southern on 1/31/2024.] |
Magistrate Judge Victoria Reznik is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sgz) [Transferred from New York Southern on 1/31/2024.] |
MAILING RECEIPT: Document No: 4. Mailed to: Sincere Smith DINNo.18A4013 309 Bare Hill Road P.O. Box 2000 Malone, NY 12953. ; and to Warden, Upstate Correctional Facility (sha) [Transferred from New York Southern on 1/31/2024.] |
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 1/31/2024.] |
Filing 3 PRISONER AUTHORIZATION. Document filed by Sincere Smith..(rdz) [Transferred from New York Southern on 1/31/2024.] |
Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Sincere Smith..(rdz) [Transferred from New York Southern on 1/31/2024.] |
Filing 1 COMPLAINT against Ashley, G. Cary, Labarge, Latray, A.D. Martin, A.N. Martin, A.U. Martin, M. Phillips, Rowe, E. Smith, Tatro. Document filed by Sincere Smith..(rdz) [Transferred from New York Southern on 1/31/2024.] |
Case Designated ECF. (rdz) [Transferred from New York Southern on 1/31/2024.] |
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