Dublino v. Wende Correctional Facility et al
| Mark Dublino |
| Mr. Klepp, Mr. Sheftic, Lyman, Mr. Mancini, Mr. Brown, Mr. Martin, Brown, G. Schenk, Wende Correctional Facility, Wade, Mr. Wade, Mr. Kintzel, Mr. Bradley, Mr. McQuire, J. Krygier, Benjamine A. Wilson, Mr. Sears, Barlow, Mr. Vendetti, Mr. Byron, Mr. Shaneley, Stewart Eckert, Ms. Vanni, Thomas, Mr. Carhart, Mr. Ferrell and Mr. Kroel |
| 6:2019cv06354 |
| May 14, 2019 |
| US District Court for the Western District of New York |
| David G Larimer |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 18
Letter from NYS Correction and Community Supervision, dated 6/14/19, to Judge Payson. (JHF)
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Filing 17
Pro se Office Letter Response to Plaintiff Mark T. Dublino. (JHF)
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Filing 16
Case transferred in from District of New York Northern; Case Number 9:19-cv-00381.
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Filing 15
Summons Issued as to Mr. Carhart, G. Schenk, Mr. Sheftic, Ms. Vanni, Mr. Vendetti. Copies of Summons, Complaint and the Decision and Order dated 5/9/2019 provided to the New York State Attorney General. (rar) [Transferred from nynd on 5/14/2019.]
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Filing 14
DECISION and ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. #2 ) is GRANTED. ORDERED that the Clerk file a copy of the Claims and Supporting Documents (Dkt. No. [3-4] immediately following the signature page of the complaint, and a copy of the Supplement to Complaint (Dkt. No. [11) immediately following the Claims and Supporting Documents insert. ORDERED that the Clerk is directed to amend the docket to add Babin, Hearing Officer, Auburn Correctional Facility, as a defendant. ORDERED that the claims arising out of plaintiff's confinement at Wende Correctional Facility are severed and transferred to the Western District of New York. ORDERED that the Clerk shall advise the Clerk of the Western District of New York, in writing, of the entry of this Order and provide that Clerk with a certified copy of this Order and of the docket sheet for this action, together with all information necessary for the Western District Clerk to electronically access the documents filed in this action. ORDERED that the Clerk shall remove Wende Correctional Facility, Mr. Klepp, Mr. Ferrell, Mr. Wade, J. Krygier, Mr. Kintzel, Mr. Sears, Mr. Shaneley, Mr. Brown, Mr. McQuire, Mr. Byron, Mr. Martin, Mr. Thomas, Mr. Lyman, Mr. Mancini, Mr. Barlow, Mr. Kroel, Mr. Bradley, Mr. Wade, Stewart Eckert, Benjamine A. Wilson, and Mr. Brown from the docket as defendants in the Northern District action. ORDERED that plaintiff's First Amendment free-flow-of-mail claim against defendants Sheftic, Vanni, Shanke, and Carhardt and First Amendment retaliation claim against defendant Vendetti SURVIVE sua sponte review and require a response. ORDERED that plaintiff's claims for monetary damages against Auburn Correctional Facility and the non-severed named defendants in their official capacity are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) as barred by the Eleventh Amendment. ORDERED that all remaining 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. ORDERED that Auburn Correctional Facility is DISMISSED with prejudice as a defendant. ORDERED that the following individuals are DISMISSED without prejudice as defendants: Ms. Jones, Mr. Kirkwood, Mr. Wheeler, Ms. Vullwhite, Mr. Knapp, Mr. Norris, Mr. Vanderwerff, J. Remington, Mr. "D", Mr. Milnane, Mr. Nowak, Mr. Pickert, Mr. Penello, Mr. Corey, Mr. Grady, Anthony Smith, Ms. Simmons, Mr. Powell, Timothy McCarthy, Brenda J. Walsh, Michael C. Polcovich, Thomas J. Loughren, Leanne Callahan. ORDERED that plaintiff's Preliminary Injunction Motion (Dkt. No. #3 ) is DENIED without prejudice. ORDERED that the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon defendants Sheftic, Vanni, Shanke, Carhardt, and Vendetti. 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. ORDERED that a response to the complaint be filed by defendants Sheftic, Vanni, Shanke, Carhardt, and Vendetti, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Gary L. Sharpe on 5/9/2019.(Decision and Order mailed to plaintiff by regular mail). (rar, ) [Transferred from nynd on 5/14/2019.]
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Notification to Superintendent of Filing - Provided Superintendent at Auburn Correctional Facility with notice of instant action and a copy of Plaintiff's #9 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rar, ) [Transferred from nynd on 5/14/2019.]
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Filing 13
AFFIDAVIT in further support re #3 MOTION for Preliminary Injunction by Mark Dublino. (rar) [Transferred from nynd on 5/14/2019.]
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Filing 12
Letter Motion from Dublino requesting injunctive relief. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Affidavit of Service) (rar) [Transferred from nynd on 5/14/2019.]
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Filing 11
AFFIDAVIT by Mark Dublino. (Attachments: #1 Letters to Mr. B. Babin, #2 Affidavit of Service) (rar) [Transferred from nynd on 5/14/2019.]
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Filing 10
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 Senior Judge Gary L. Sharpe on 4/14/19. {text order served via regular mail on plaintiff}(nas, ) [Transferred from nynd on 5/14/2019.]
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Filing 9
INMATE AUTHORIZATION FORM by Mark Dublino. (rar, ) [Transferred from nynd on 5/14/2019.]
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Filing 8
Letter from Dublino. (Attachments: #1 envelope) (rar, ) [Transferred from nynd on 5/14/2019.]
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Filing 7
AFFIDAVIT in support of #3 Motion for Preliminary Injunction by Mark Dublino. (Attachments: #1 Exhibit(s)) (rar) [Transferred from nynd on 5/14/2019.]
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Filing 6
Submission in support of #1 Complaint by Mark Dublino. (nas, ) [Transferred from nynd on 5/14/2019.]
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Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. ORDERED that plaintiff's IFP Application is DENIED as incomplete. ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if plaintiff desires to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either (1) pay the full $400.00 filing fee for civil actions or (2) submit a signed Inmate Authorization Form consenting to payment of $350.00 over time. ORDERED that upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review. Signed by Senior Judge Gary L. Sharpe on 4/2/2019. (Order and an Inmate Authorization Form mailed to plaintiff by regular mail.) (rar) [Transferred from nynd on 5/14/2019.]
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Filing 4
INMATE AUTHORIZATION FORM by Mark Dublino. (rar) [Transferred from nynd on 5/14/2019.]
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Filing 3
MOTION for Preliminary Injunction filed by Mark Dublino. (Attachments: #1 Declaration #1, #2 Declaration #2, #3 Memorandum of Law, #4 Claims 1-6, #5 Verification) (rar) [Transferred from nynd on 5/14/2019.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Mark Dublino. (Attachments: #1 Inmate Account Statement) (rar) [Transferred from nynd on 5/14/2019.]
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Filing 1
COMPLAINT against Mr. "D", Auburn Correctional Facility, Mr. Barlow, Mr. Bradley, Mr. Brown(Correction Officer, Wende Correctional Facility), Mr. Brown(Sergeant, Wende Correctional Facility), Mr. Byron, Leanne Callahan, Mr. Carhart, Mr. Corey, Stewart Eckert, Mr. Ferrell, Mr. Grady, Ms. Jones, Mr. Kintzel, Mr. Kirkwood, Mr. Klepp, Mr. Knapp, Mr. Kroel, J. Krygier, Thomas J. Loughren, Mr. Lyman, Mr. Mancini, Mr. Martin, Timothy McCarthy, Mr. McQuire, Mr. Milnane, Mr. Norris, Mr. Nowak, Mr. Penello, Mr. Pickert, Michael C. Polcovich, Mr. Powell, J. Remington, G. Schenk, Mr. Sears, Mr. Shaneley, Mr. Sheftic, Ms. Simmons, Anthony Smith, Mr. Thomas, Mr. Vanderwerff, Ms. Vanni, Mr. Vendetti, Ms. Vullwhite, Mr. Wade(Correction Officer, Wende Correctional Facility), Brenda J. Walsh, Wende Correctional Facility, Mr. Wheeler, Benjamine A. Wilson filed by Mark Dublino. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 envelope) (rar, ) (Main Document 1 replaced on 5/9/2019) (rar, ). [Transferred from nynd on 5/14/2019.]
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