Walker v. Cuomo et al
| Carlton Walker |
| #2 Jane Doe and #1 Jane Doe |
| 7:2020cv02751 |
| April 2, 2020 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 1, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Unassigned is no longer assigned to the case. (ad) |
| Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (ad) |
| Filing 7 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:20-cv-00082. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
Filing 6
DECISION AND ORDER: ORDERED that Plaintiff's IFP Application (Dkt. No. #2 ) is DENIED pursuant to 28 U.S.C. 1915(g) because plaintiff has three "strikes" and is not entitled to the "imminent danger" exception. ORDERED that the claims arising out of plaintiff's confinement at Woodbourne Correctional Facility are severed and transferred to the Southern District of New York. Plaintiff's First Amendment retaliation claims against defendants Senecal and Benware SURVIVE sua sponte review and require a response. Plaintiff's Section 1983 claims against the defendants in their official capacities and Fourth and Fourteenth Amendment claims seeking injunctive and declaratory relief are DISMISSED with prejudice pursuant to 28 U.S.C. 1915A(b) for failure to state a Section 1983 claim upon which relief may be granted. All remaining claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED that each of the named defendants other than Senecal and Benware are TERMINATED from this action. ORDERED that the Clerk shall issue summonses and forward them, along with copies of the complaint, to plaintiff. It is plaintiff's responsibility to immediately serve defendants Senecal and Benware each with a summons and a copy of his complaint in accordance with the Federal Rules of Civil Procedure. The Clerk shall forward a copy of the summons and complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. Plaintiff may submit a motion requesting service of process by the U.S. Marshal in accordance with Federal Rule of Civil Procedure 4(c)(3) to the limited extent set forth above. The Clerk shall send plaintiff two blank USM-285 Forms for his use should he choose to request such service. As a courtesy, the Clerk shall also send plaintiff one copy of his complaint for his use in making additional copies. Upon receipt from the Clerk of plaintiff's payment of the service fee and the documents required for service, the U.S. Marshal shall attempt to serve the summons and complaint upon the remaining defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure. If plaintiff requests service by the U.S. Marshal, he must comply with any additional requests from the U.S. Marshal for documents that are necessary to effectuate service, and must provide payment in advance to the U.S. Marshal for any subsequent service attempt if the original attempt to serve any defendant is unsuccessful. Signed by Judge David N. Hurd on 3/31/2020. {order and referenced documents served via regular mail on plaintiff}(nas) [Transferred from New York Northern on 4/2/2020.]
|
| Filing 5 Letter Motion from Carlton Walker requesting injunctive relief and notice of change of address to Upstate Correctional Facility. (nas, ) [Transferred from New York Northern on 4/2/2020.] |
| Filing 4 Letter from Kenneth Samuels enclosing filing fee. (nas, ) [Transferred from New York Northern on 4/2/2020.] |
| Filing fee: $ 400.00, receipt number SYR056895 (nas, ) [Transferred from New York Northern on 4/2/2020.] |
| Filing 3 INMATE AUTHORIZATION FORM by Carlton Walker. (nas, ) [Transferred from New York Northern on 4/2/2020.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Carlton Walker.(nas, ) [Transferred from New York Northern on 4/2/2020.] |
| Filing 1 COMPLAINT against Anthony J. Annucci, S. Barton, Brian Benware, Andrew M. Cuomo, Janet M. DeFiore, Jane Doe, Jane Doe #1, Jane Doe #2, Eugine M. Fahey, Michael J. Garcia, Letitia James, Carl J. Koenigsmann, D. Ranney, Jenney Rivera, Senecal, Leslie E. Stein, Rowan Wilson, Bruce S. Yelich filed by Carlton Walker. (Attachments: #1 part 2 of complaint, #2 part 3 of complaint, #3 Exhibit(s), #4 Civil Cover Sheet, #5 cover letter, #6 envelope)(nas ) [Transferred from New York Northern on 4/2/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
