Bradshaw v. Siagle et al
| Darryl Bradshaw |
| J. Leon and Ryan Zehr |
| 9:2024cv01350 |
| November 6, 2024 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Miroslav Lovric |
| 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 18, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 AMENDED COMPLAINT WITH JURY DEMAND filed by Darryl Bradshaw. (Attachments: #1 Cover letter, #2 Mailing envelope)(meb) |
| Filing 6 NOTICE to plaintiff of the 12/20/2024 deadline to provide copies of the complaint for service. (Copy served via regular mail) (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 ORDERED that plaintiff's IFP application (Dkt. No. #2 ) 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. #3 ) 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; The Clerk shall provide a copy of plaintiff's inmate authorization form to the Financial Deputy of the Clerk's Office; The following claims are DISMISSED with prejudice pursuant to 1915(e)(2)(B) and 1915A(b) for failure to state a claim: (1) claims related to HIPAA; (2) Sixth Amendment claims; (3) claims related to violations of DOCCS Rules; and (4) claims related to NYS Patients' Bill of Rights; The following claims are DISMISSED without prejudice pursuant to 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief may be granted: (1) Eighth Amendment deliberate medical indifference; and (2) due process claims; The Eighth Amendment excessive force and failure-to-intervene claims against Zehr and Leon survive this Court's review and require a response; The Clerk of the Court is directed to terminate the following defendants from the Docket Report: Siagle, Russell, John Doe #1 through John Doe #6, and Sgt. John Doe; Upon receipt of the documents for service, the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon the 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 counsel, shall file a response to the complaint as provided for in the Federal Rules of Civil Procedure. Signed by Judge David N. Hurd on 11/20/2024. (Copy served via regular mail)(meb)
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| Set Deadline: Notice of Compliance Deadline 12/20/2024. (meb) |
| Filing 3 INMATE AUTHORIZATION FORM filed by Darryl Bradshaw. (meb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Darryl Bradshaw. (meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe Sergeant, J. Leon, Russell, Richard Siagle, Ryan Zehr filed by Darryl Bradshaw. (Attachments: #1 Civil Cover Sheet, #2 Mailing envelope)(meb) |
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