Ware v. Boutin et al
| Khyrel Ware |
| Boutin, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7, John Doe #8, John Doe #9, John Doe #10, John Doe #11, John Doe #12, Daniel Rief, William Carmac, Nurse Holcombe, Dutilio, Bullock, Lotray, McGreggor, Erica Martin, Adam Martin, J. Holmes, J. Hart, Tallman, Donald Uhler and Wheeler |
| 9:2024cv00143 |
| January 30, 2024 |
| US District Court for the Northern District of New York |
| Brenda K Sannes |
| Daniel J Stewart |
| 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 March 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 Notification to Superintendent of Filing - Provided Superintendent at Sullivan Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 10 NOTICE to plaintiff that nine copies of his complaint are required by May 2, 2024 for service. (nas) |
Filing 9
DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. #5 ) is GRANTED. ORDERED that the Clerk shall add Corrections Officer Wheeler to the docket as a defendant. ORDERED that the following claims SURVIVE sua sponte review and require a response: (1) plaintiff's retaliation claims; (2) plaintiff's Fourth Amendment unlawful body cavity search claims; (3) plaintiff's First Conditions-of-Confinement Claim and Third Conditions-of-Confinement Claim; (4) plaintiff's Third, Fourth, and Fifth Medical Indifference Claims; and (5) plaintiff's excessive force claims. 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 Boutin, Rief, McGreggor, Lotray, Bullock, Lotray, McGreggor, Erica Martin, J. Holmes, Holcombe, and Carmac. ORDERED that the Clerk shall TERMINATE Uhler, Dutilio, Tallman, A. Martin, Hart, Wheeler, John Doe #8, John Doe #9, and John Doe #10 as defendants in this action. Signed by Chief Judge Brenda K. Sannes on March 29, 2024. (Attachments: #1 case law cited, #2 case law cited, #3 case law cited, #4 case law cited, #5 case law cited, #6 case law cited, #7 case law cited) {order via regular mail on Plaintiff}(nas)
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| Filing 8 Letter Motion from Khyrel Ware requesting appointment of counsel. (nas, ) |
| Filing 7 NOTICE OF CHANGE OF ADDRESS by Khyrel Ware Effective Date 2/25/24 Old Address: Mid-State Correctional Facility New Address: Sullivan Correctional Facility. Updated copy of docket sheet and copy of complaint provided. (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 Chief Judge Brenda K. Sannes on February 15, 2024. {text order served via regular mail on plaintiff}(nas)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Khyrel Ware(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 $405.00 filing fee in full; or (2) submit a completed and signed IFP application. Signed by Chief Judge Brenda K. Sannes on February 1, 2024. {order and blank ifp form served via regular mail on plaintiff}(nas )
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| Filing 3 INMATE AUTHORIZATION FORM by Khyrel Ware. (nas ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Khyrel Ware(nas) |
| Filing 1 COMPLAINT against Boutin, Bullock, William Carmac, John Doe #1, John Doe #10, John Doe #11, John Doe #12, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7, John Doe #8, John Doe #9, Dutilio, J. Hart, Nurse Holcombe, J. Holmes, Lotray, Adam Martin, Erica Martin, McGreggor, Daniel Rief, Tallman filed by Khyrel Ware. (Attachments: #1 envelope)(nas) |
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