Roache v. Fisher et al
| Walter J. Roache |
| P.O. "John" Doe and William Connell |
| 1:2018cv07599 |
| August 21, 2018 |
| US District Court for the Southern District of New York |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 4 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:18-cv-00825. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
Filing 3
DECISION AND ORDER: ORDERED that Plaintiff's in forma pauperis application (Dkt. No. #2 ) is GRANTED. ORDERED that, pursuant to Fed. R. Civ. P. 21 and 28 U.S.C. 1404(a), Connell and Fishkill C.F. Doe and all claims against them, are severed and transferred to the Southern District of New York. ORDERED that no ruling is made as to the sufficiency of the Complaint with respect to the claims that have been severed and transferred to the Southern District, leaving that determination to the Southern District of New York. ORDERED that the Clerk shall remove Connell and Fishkill C.F. Doe as defendants from the docket. 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 that defendants violated FOIL; (2) First Amendment claims related to 2012 jury trial; and (3) equal protection claims. ORDERED that the following claims survive the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and requires a response: (1) First Amendment access-to-the-courts claims related to the 2015 jury trial; and (2) due process claims. ORDERED that the Clerk shall issue a 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 Office of the Attorney General, together with a copy of this Decision and Order. ORDERED that a response to the Complaint be filed by the remaining defendants, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Gary L. Sharpe on 8/16/18. (served on plaintiff by regular mail) (alh, ) [Transferred from New York Northern on 8/21/2018.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis with attached inmate authorization form filed by Walter J. Roache. (nas, ) [Transferred from New York Northern on 8/21/2018.] |
| Filing 1 COMPLAINT against William Connell, Susan Connelly, John Doe, John Doe, Brian Fisher, Sal Licari, Jeffery Nowicki, Chad Powell, Anne Marie T. Sullivan filed by Walter J. Roache. (Attachments: #1 Civil Cover Sheet, #2 envelope)(nas, ) [Transferred from New York Northern on 8/21/2018.] |
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