Best v. Losi et al
| Ervin J. Best |
| Sheriff Bast, Sheriff Losi, Jefferson County Correctional Facility, Jefferson County Sheriff's Department, Colleen M. O'Neill and Laveane |
| 9:2024cv01224 |
| October 7, 2024 |
| U.S. District Court for the Northern District of New York |
| Mitchell J Katz |
| Brenda K Sannes |
| 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 8 Summons Issued as to Laveane, Losi. (meb) |
| Filing 7 Notification to Superintendent of Filing - Provided Superintendent at Green Haven Correctional Facility with notice of instant action and a copy of Plaintiff's #4 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
Filing 6
DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP application (Dkt. No. #3 ) is GRANTED. The Clerk shall provide the superintendent of the prison facility in which plaintiff is currently confined with a copy of plaintiff's inmate authorization form (Dkt. No. #4 ) and notify the official that this action has been filed and that plaintiff is required to pay the entire statutory filing fee $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED that the Clerk shall provide a copy of plaintiff's inmate authorization form to the Financial Deputy of the Clerk's Office; and it is further ORDERED that the following 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: (1) claims against O'Neill and Bast; and (2) Fourteenth Amendment deliberate medical indifference claims; and it is further ORDERED that the Fourteenth Amendment excessive force claims against Losi and Laveane survive this Court's review and require a response; and it is further ORDERED that O'Neill and Bast are DISMISSED as defendants herein; and it is further ORDERED that 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 Jefferson County Attorney's Office, together with a copy of this Decision and Order; 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; and it is further ORDERED that the Clerk provide plaintiff with copies of the unpublished decisions cited herein in accordance with the Second Circuit decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). Signed by Chief Judge Brenda K. Sannes on 11/13/2024. (Attachments: #1 Case law) (Copy served via regular mail)(meb)
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Filing 5
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 10/22/2024. (Copy served via regular mail)(meb)
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| Filing 4 INMATE AUTHORIZATION FORM filed by Ervin J. Best. (meb) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Ervin J. Best. (Mailing envelope included)(meb) |
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further 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; and it is further 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; and it is further ORDERED that, upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on plaintiff along with a blank IFP application and blank inmate authorization form. Signed by Chief Judge Brenda K. Sannes on 10/8/2024. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 1 COMPLAINT against Bast, Jefferson County Correctional Facility, Jefferson County Sheriff's Department, Laveane, Losi, Colleen M. O'Neill filed by Ervin J. Best. (Mailing envelope included)(meb) |
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