Henderson v. Garland et al
| Michael Joshua Henderson |
| Merrick B. Garland, Anne Milgram, Dr. Robert Califf, Daniel F. Martuscello, III, Ann Marie T. Sullivan and Danielle Dill |
| 9:2024cv00228 |
| February 15, 2024 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Miroslav Lovric |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 15 Notification to Superintendent of Filing - Provided Superintendent at Green Haven Correctional Facility with notice of instant action and a copy of Plaintiff's #5 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
| Filing 14 SECOND AMENDED COMPLAINT filed by Michael Joshua Henderson. (Attachments: #1 Exhibits)(meb) |
| Filing 13 DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP Application (Dkt. No. #4 ) is GRANTED. The Clerk shall provide the superintendent of the facility, designated by plaintiff as his current location, with a copy of plaintiff's authorization form (Dkt. No. #5 ), and notify the official that this action has been filed and that plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED that the Clerk shall provide a copy of plaintiff's authorization form (Dkt. No. #5 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED that plaintiff's Letter Request Related to the IFP Application (Dkt. No. #6 ) is DENIED as unnecessary; and it is further ORDERED that plaintiff's Motion to Amend (Dkt. No. #12 ) is GRANTED as set forth above and the second amended complaint (Dkt. No. #12 -1) is accepted as the operative pleading. The Clerk is directed to docket the proposed second amended complaint (Dkt. No. #12 -1) as the second amended complaint; and it is further ORDERED that plaintiff's Letter Request Related to Pleading Exhibits (Dkt. No. #9 ) is GRANTED as set forth above; and it is further ORDERED that plaintiff's Withdrawal Letter (Dkt. No. #11 ) is GRANTED and his Motion for a Three-Judge Panel Review (Dkt. No. #10 ) is DENIED as set forth above; and it is further ORDERED that plaintiff's Section 1983 claims related to the Controlled Substances Act are dismissed pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction; and it is further ORDERED that all remaining Section 1983 claims in the second amended complaint 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 Court declines to exercise supplemental jurisdiction over plaintiff's state law claims, which are DISMISSED without prejudice to refiling in the appropriate state court; and it is further ORDERED that plaintiff's Motion for Injunctive Relief (Dkt. No. #2 ) is DENIED as set forth above; and it is further ORDERED that if plaintiff wishes to proceed with this action he must file an amended complaint as set forth above within thirty (30) days of the filing date of this Decision and Order; and it is further ORDERED that upon the filing of an amended complaint as directed above, the Clerk shall return the file to this Court for further review; and it is further ORDERED that in the event plaintiff fails to file a signed amended complaint within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) due to plaintiff's failure to state a claim upon which relief can be granted and to comply with the terms of this Decision and Order, without further order of this Court. (Notice of Compliance Deadline 5/10/2024, Case Review Deadline 6/10/2024). Signed by U.S. District Judge Mae A. D'Agostino on 4/10/2024. (Attachments: #1 Case law) (Copy served via regular mail)(meb) |
| Filing 12 MOTION to Amend the #8 Amended Complaint filed by Michael Joshua Henderson. (Attachments: #1 Proposed Second Amended Complaint)(meb) |
| Filing 11 Letter Request to withdraw the #10 Letter Request for a three-judge panel filed by Michael Joshua Henderson. (Mailing envelope included) (meb) |
| Filing 10 Letter Request for a 3-judge panel filled by Michael Joshua Henderson. (Mailing envelope included) (meb) |
| Filing 9 Letter Request for the court to attach the exhibits from his original complaint to his amended complaint filed by Michael Joshua Henderson. (meb) |
| Filing 8 AMENDED COMPLAINT WITH JURY DEMAND filed by Michael Joshua Henderson. (Mailing envelope included)(meb) |
| 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 3/4/2024. (Copy served via regular mail)(meb) |
| Filing 6 Letter Request to order the facility to certify his IFP filed by Michael Joshua Henderson. (Mailing envelope included) (meb) |
| Filing 5 INMATE AUTHORIZATION FORM filed by Michael Joshua Henderson. (meb) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Michael Joshua Henderson. (Mailing envelope included)(meb) |
Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: 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. ORDERED that, in the event plaintiff chooses to file an IFP application, it must be accompanied by a signed inmate authorization form in accordance with the Court's Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on February 20, 2024. {order and blank forms served via regular mail on plaintiff}(nas)
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| Filing 2 MOTION for Preliminary Injunction and/or temporary restraining order filed by Michael Joshua Henderson. (nas ) |
| Filing 1 COMPLAINT against Robert Califf, Danielle Dill, Merrick B. Garland, Daniel F. Martuscello, III, Anne Milgram, Ann Marie T. Sullivan filed by Michael Joshua Henderson. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet, #3 cover letter, #4 envelope)(nas) (Additional attachment(s) added on 2/16/2024: #5 Proposed Summons) (nas, ). |
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