Bradshaw v. Annucci et al
| Jay Bradshaw |
| Fischer, Hollenbeck, Spinner, Cantwell, Burns, Anthony Annucci, Venettozzi, Paul Woodruff, Lamica, Bush, St. Hilaire, Donald Uhler, Adam Gallagher, Loomis, Russell, Baker, Gadway, John Doe #1, Medical Director at Mid-State, Dominick, Evans, Paige and John Doe #2 |
| 6:2020cv06083 |
| February 6, 2020 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 9 Letter from Jay Bradshaw, dated 2/18/2020, to Clerk (TF) |
| Filing 8 Case transferred in from District of New York Northern; Case Number 9:19-cv-01484. |
Filing 7
DECISION AND ORDER: It is hereby ORDERED that the claims based on events that occurred during plaintiff's confinement at Attica C.F. and Southport C.F. are severed and transferred to the Western District of New York, along with the motion for preliminary injunctive relief (Dkt. No. #3 ). This Court makes no ruling as to plaintiff's in forma pauperis application with respect to the transferred claims, leaving that determination to the Western District of New York; and it is further ORDERED that the Clerk shall terminate the following individuals as defendants in the Northern District action and remove them from the docket: (1) Joseph Noeth, Superintendent of Attica Correctional Facility; (2) Wolcott, Deputy Superintendent of Attica Correctional Facility; (3) Hill, Deputy Superintendent of Attica Correctional Facility; (4) Pawlowski, Correctional Officer at Attica Correctional Facility; (5) Norton, Correctional Officer at Attica Correctional Facility; (6) Kugler, Correctional Officer at Attica Correctional Facility; (7) Ellis, Correctional Officer at Attica Correctional Facility; (8) Weber, Correctional Officer at Attica Correctional Facility; (9) Piccolo, Superintendent of Southport Correctional Facility; (10) Ostrander, Correctional Officer at Southport Correctional Facility; (11) Faucette, Correctional Officer at Southport Correctional Facility; (12) Sagerman, Correctional Officer at Southport Correctional Facility; (13) Woods, Correctional Officer at Southport Correctional Facility; (14) Director of Step Down Program at Southport Correctional Facility; and (15) Medical Director of Southport Correctional Facility; and it is further ORDERED that plaintiff's application to proceed IFP (Dkt. No. 2) with respect to the claims remaining in the Northern District is DENIED pursuant to 28 U.S.C. 1915(g) because plaintiff has three "strikes" and is not entitled to the "imminent danger" exception; and it is further ORDERED that the action remaining in this District shall be DISMISSED without prejudice unless, within thirty (30) days of the date of this Decision and Order, plaintiff pays the Court's filing fee of four hundred dollars ($400.00) in full; and it is further ORDERED that, upon plaintiff's payment of the full filing fee, the Clerk shall return the file to this Court for further review; and it is further ORDERED that if plaintiff fails to timely comply with this Decision and Order by paying the filing fee in full within thirty (30) days of the date of this Decision and Order, the Clerk of the Court is directed to enter judgment dismissing the action remaining in this District, without prejudice, without further order of this Court. Signed by Senior Judge Thomas J. McAvoy on February 6, 2020. (Copy served via regular mail)(rep) [Transferred from nynd on 2/6/2020.]
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| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff. (TF) |
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Filing 6
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 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 Thomas J. McAvoy on January 2, 2020. (Copy served via regular mail on plaintiff)(rep) [Transferred from nynd on 2/6/2020.]
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| Filing 5 INMATE AUTHORIZATION FORM: Filed by Jay Bradshaw. (Attachments: #1 Cover Letter and Mailing Envelope)(rep) [Transferred from nynd on 2/6/2020.] |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that, if plaintiff desires to pursue this action and proceed with his IFP application, he must, within 30 days of the filing date of this Order, submit a completed and signed inmate authorization form; and it is further ORDERED that, upon plaintiff's compliance with this Order, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk shall serve a copy of this Order on plaintiff along with a blank inmate authorization form. Signed by Senior Judge Thomas J. McAvoy on December 5, 2019. (Copy served via regular mail along with a blank Inmate Authorization Form)(rep) Modified on 12/5/2019 (rep, ). [Transferred from nynd on 2/6/2020.]
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| Filing 3 MOTION for Preliminary Injunction and for a Temporary Restraining Order, filed by Jay Bradshaw.(rep) Modified on 1/2/2020 (rep, ). [Transferred from nynd on 2/6/2020.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Jay Bradshaw.(rep) Modified on 1/2/2020 (rep, ). [Transferred from nynd on 2/6/2020.] |
| Filing 1 COMPLAINT WITH JURY DEMAND: Against Anthony Annucci, Baker, Burns, Bush, Cantwell, Director of Step Down Program at Southport, John Doe #1, John Doe #2, Dominick, Ellis, Evans, Faucette, Fischer, Gadway, Adam Gallagher, Hill, Hollenbeck, Kugler, Lamica, Loomis, Medical Director Southport, Medical Director at Mid-State, Joseph Noeth, Norton, Ostrander, Paige, Pawlowski, Piccolo, Russell, Sagerman, Spinner, St. Hilaire, Donald Uhler, Venettozzi, Weber, Wolcott, Paul Woodruff, and Woods, filed by Jay Bradshaw. {Cover Letter notes that an Authorization form is enclosed, however, one was not found in the mailing}. (Attachments: #1 Cover Letter, #2 Mailing Envelope)(rep) [Transferred from nynd on 2/6/2020.] |
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