McCullen v. Albany County Correctional Facility et al
| Jordan L. McCullen |
| John Doe #1, John Doe #3, John Doe #2 and Ryan Lawson |
| 9:2024cv01340 |
| November 4, 2024 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| 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 December 10, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 Summons Issued as to Ryan Lawson. (Documents served on the Albany County Attorney) (meb) |
| Filing 5 Notification to Superintendent of Filing - Provided Superintendent at Mid-State Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
| Filing 4 DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP Application (Dkt. No. #2 ) 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. #3 ), 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. #3 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED that plaintiff's Eighth Amendment claims against defendants Lawson and John Doe #1-3 SURVIVE sua sponte review and require a response; and it is further ORDERED that plaintiff's Section 1983 claims against Albany County Correctional Facility are DISMISSED with 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 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; and it is further ORDERED that the Clerk shall issue a summons and forward it, along with a copy of the complaint, to the United States Marshal for service upon defendant Lawson. The Clerk shall forward a copy of the summons and complaint by electronic mail to the New York State Attorney General's Office, together with a copy of this Decision and Order; and it is further ORDERED that upon the completion of service, a response to the complaint be filed by defendant Lawson, or his counsel, as provided for in the Federal Rules of Civil Procedure; and it is further ORDERED that plaintiff must take reasonable steps to ascertain the identity of the "Doe" defendants remaining in this action through discovery, and when identified, seek to amend the complaint to add these individuals as defendants in this action pursuant to Federal Rule of Civil Procedure 15(a). Plaintiff's failure to timely identify and serve these defendants will result in their termination from the action and dismissal of the claims asserted against them. Signed by U.S. District Judge Mae A. D'Agostino on 12/6/2024. (Copy served via regular mail)(meb) |
| Filing 3 INMATE AUTHORIZATION FORM filed by Jordan L. McCullen. (meb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Jordan L. McCullen. (Attachments: #1 Proposed Summons)(meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Albany County Correctional Facility, John Doe #1, John Doe #2, John Doe #3, Ryan Lawson filed by Jordan L. McCullen. (Attachments: #1 Civil Cover Sheet, #2 Mailing envelope)(meb) |
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