Johnson v. Tomas et al
| Angelo D. Johnson |
| M.D., Sgt. Shields, PA J. Perez, Sgt. Royick, CO W. Snyder, Chief Medical Deputy John Morley, OMH. Mrs. McCarty, Mr Ranieri, CO Robert C. Bannister, Sgt. McIntyre, Su[erintendent Tomas, Lt. L. Tucker, Superintendent Tomas, Superintendent Tomas Tucker, N.P. K. Solotti, R.N. Identification #407, R.N. Identification #424 and R.N. Identification #430 - Moorehouse |
| 6:2020cv06481 |
| July 8, 2020 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Mark W Pedersen |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1983 Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.
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Filing 53
Mail Returned as Undeliverable. (46 in 6:20-cv-06551-FPG-MJP) Judgment, (52 in 6:20-cv-06481-FPG-MJP) Judgment, (51 in 6:20-cv-06481-FPG-MJP) Order on Report and Recommendations, (45 in 6:20-cv-06551-FPG-MJP) Order on Report and Recommendations, sent to ANGELO D. JOHNSON (TF)
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Filing 52
JUDGMENT dismissing amended complaint. Signed by Clerk of Court on 11/2/2022. (TF)This was mailed to: ANGELO D. JOHNSON.
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Filing 51
DECISION AND ORDER adopting Report and Recommendations re #49 Report and Recommendations. This case is dismissed. Signed by Hon. Frank P. Geraci, Jr. on 11/1/2022. (BJJ)This was mailed to: Plaintiff Angelo D. Johnson at Good Sam Hos pital 255 Lafayette Ave., Suffern, NY 10901.Clerk to Follow upClerk to close case.
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Filing 50
Mail Returned as Undeliverable. (43 in 6:20-cv-06551-FPG-MJP) Report and Recommendations, (49 in 6:20-cv-06481-FPG-MJP) Report and Recommendations, sent to Angelo D. Johnson. (TF)
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Filing 49
REPORT AND RECOMMENDATIONS re dismissal of #7 Amended Complaint, filed by Angelo D. Johnson Objections due fourteen days from receipt.. Signed by Hon. Mark W. Pedersen on 10/11/22. (KAP)This was mailed to: Angelo D. Johnson at Good Sam Hospital 255 Lafayette Ave., Suffern, NY 10901.
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Filing 48
Mail Returned as Undeliverable. (41 in 6:20-cv-06551-FPG-MJP, 47 in 6:20-cv-06481-FPG-MJP) Status Conference, sent to Angelo Johnson (TF)
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Filing 47
Minute Entry for proceedings held before Hon. Mark W. Pedersen: Status Conference not held on 9/15/2022. Plaintiff not present. The Court notes an Order to Show Cause was issued on 8/30/2022. Should Plaintiff not respond by the Order to Show Cause date of 9/30/2022, the Court will report and recommend that the District Judge dismiss the case, with prejudice. Copy of this Minute Entry mailed to Plaintiff's last known address. (Court Reporter AT&T Conference.) (JB)
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Filing 46
Mail Returned as Undeliverable: #39 Letter and #44 Order to Show Cause sent to Angelo Johnson. (RE)
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Filing 45
Mail Returned as Undeliverable. Calendar Event, sent to Angelo Johnson. (TF)
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Filing 44
ORDER TO SHOW CAUSE Show Cause Response due by 9/30/2022.. Signed by Clerk of Court on 8/30/2022. (TF)This was mailed to: Angelo Johnson.
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Remark: Mailed a copy of the Order to show cause to plaintiff Johnson. (TF)
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Filing 43
Mail Returned as Undeliverable as to plaintiff. (42 in 6:20-cv-06481-FPG-MJP) Calendar Entry, (37 in 6:20-cv-06551-FPG-MJP) Calendar Entry. (TF)
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CALENDAR EVENT: Status Conference reset for 9/15/2022 at 1:00 PM via telephone conference before Hon. Mark W. Pedersen. Using a landline telephone, Counsel is directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time. Copy of NEF mailed to Plaintiff (JB)
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Filing 42
Calendar Entry Telephone Conference set for 9/13/2022 10:00 AM before Hon. Mark W. Pedersen. The parties are directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time. Copy of this entry mailed to Plaintiff at the corrected address: Angelo D. Johnson Good Sam Hospital 255 Lafayette Ave. Suffern, NY 10901 (NJJ)
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Filing 41
Mail Returned as Undeliverable. CALENDAR EVENT sent to Angelo Johnson. Resent to Plaintiff at Good Sam Hospital, 255 Lafayette Ave., Suffern, NY 10901. (TF)
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E-Filing Notification: #40 Mail Returned as Undeliverable. re 38 Telephone Conference and #39 Letter sent to Angelo D. Johnson, resent to Angelo Johnson, Good Sam Hospital, 255 Lafayett Ave. Suffern, NY 10901. Modified entry on 7/26/2022. Plaintiff's address was listed incorrectly in his filings, revised address to reflect the return address on his envelope. (TF)
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Change of Address updated as to Angelo D. Johnson re 33 in case 20cv6551 and #34 in case 20cv6481. Address on his letter missing street address, updated plaintiff's address to match full address on his envelope. (TF)
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Filing 40
Mail Returned as Undeliverable. re 38 Telephone Conference and #39 Letter sent to Angelo D. Johnson, resent to Angelo Johnson, Good Sam Hospital, 255 Lafayett Ave. Suffern, NY 10901. (TF) Modified on 7/26/2022 (TF).
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CALENDAR EVENT: Telephone Conference set for 8/15/2022 at 9:30 AM before Hon. Mark W. Pedersen. Using a landline telephone, Counsel is directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time. Plaintiff is advised that failure to attend the scheduled conference will result in the issuance of an Order to Show Cause for failure to prosecute. Copy of this notice mailed to "Angelo D. Johnson 18-A-3468 Good Sam Hospital 255 Suffern, NY 10901" on 7/14/2022. (JB)
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Filing 39
Letter from Hon. Mark W. Pedersen, dated July 7, 2022, to Angelo Johnson regarding missed telephone conference. (KAP)
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Filing 38
Minute Entry for proceedings held before Hon. Mark W. Pedersen: Telephone Conference not held on 7/6/2022. Plaintiff not present. The Court will reset the conference to a later date to allow the Plaintiff an opportunity to appear. Should the Plaintiff fail to appear at the reschedule date, or request a new date, an Order to Show Cause for Failure to Prosecute will be issued. Scheduling Conference set for 7/27/2022 at 1:00 PM via telephone conference before Hon. Mark W. Pedersen. Using a landline telephone, Counsel is directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time. Copy of this Minute Entry mailed to Plaintiff at Good Sam Hospital, 255, Suffern, NY 10901. (Court Reporter AT&T Conference.) (JB)
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Filing 37
Mail Returned as Undeliverable. Set/Reset Hearings, sent to Angelo Johnson (TF)
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Filing 36
RESPONSE to Motion re #34 MOTION for assistance litigating case (Defendants' Response to Plaintiff's Motion for Assistance (DN 34)) filed by McIntyre, J. Perez, R.N. Identification #430 - Moorehouse, Royick, Shields, K. Solotti, Tomas Tucker. (Attachments: #1 Service letter)(Sheehan, Bernard)
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Filing 35
Letter filed by R.N. Identification #430 - Moorehouse, K. Solotti, Tomas Tucker, Royick, Shields, J. Perez, McIntyre as to R.N. Identification #430 - Moorehouse, R.N. Identification #407, K. Solotti, Ranieri, W. Snyder, Tomas Tucker, John Morley, Royick, L. Tucker, McCarty, M.D., Robert C. Bannister, Shields, R.N. Identification #424, J. Perez, McIntyre (Request new date for conference). (Sheehan, Bernard)
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CALENDAR EVENT: Telephone Conference RESET for 7/6/2022 at 10:00 AM before Hon. Mark W. Pedersen. Using a landline telephone, Counsel is directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time. Copy of NEF mailed to Plaintiff. (JB)
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CALENDAR EVENT: Telephone Conference set for 6/29/2022 at 1:00 PM before Hon. Mark W. Pedersen. The proceeding will take place by telephone. Using a landline telephone, Counsel is directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time. Copy of NEF mailed to Plaintiff at his new address. (JB)
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Filing 34
MOTION for assistance litigating case by Angelo D. Johnson. (address updated per this letter motion)(TF)
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E-Filing Notification: Appeal Filing fee: $ 505, receipt number BUF074334. Modified on 12/27/2021 to correct filed date (TF).
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Filing fee: $ 350, receipt number BUF074341 (TF)
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Appeal Filing fee: $ 505, receipt number BUF074334 (TF) Modified on 12/27/2021 (TF).
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Filing 32
TEXT ORDER RE-REFERRING CASE to Hon. Mark W. Pedersen, United States Magistrate Judge, for all pretrial matters excluding dispositive motions. The parties are encouraged to consider consenting to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c). Consent forms are available from the Magistrate Judge's chambers or the Clerk of Court's office. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/27/21. Text Order mailed to pro se Plaintiff.(BJJ)
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Filing 30
MANDATE of USCA as to #15 Notice of Appeal filed by Angelo D. Johnson. The appeal is dismissed. (LB)
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Remark: A copy of the Handbook for Pro Se Litigants sent by First Class Mail to Angelo D. Johnson on 9/7/2021 to his address of record. (KAH)
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Filing 29
SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Defendants' Initial Disclosures due by 10/7/2021. Motions to Join Parties/Amend Pleadings due by 11/18/2021. Plaintiff's Deposition due by 3/11/2022. Discovery to be completed by 3/11/2022. Motions to Compel due by 2/17/2022. Plaintiff Expert Witness ID due by 4/14/2022. Defendant Expert Witness ID due by 5/17/2022. Expert Discovery to be completed by 6/17/2022. Dispositive Motions due by 8/19/2022. Responses due by 9/20/2022. Replies due by 10/18/2022. Signed by Hon. Marian W. Payson on 9/3/2021. Copy of this Scheduling Order sent by First Class Mail to plaintiff Angelo D. Johnson on 9/7/2021 to his address of record. (KAH)
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Filing 28
Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Scheduling Conference held on 9/2/2021. Appearances: Angelo D. Johnson, pro se, Bernard F. Sheehan, AAG (CAM)
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Filing 27
Mail Returned as Undeliverable. 26 Text Order Referring Case to Magistrate Judge, sent to Angelo D. Johnson. Resent to plaintiff at his new address at Sullivan CF. (TF)
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Remark: Plaintiff Angelo D. Johnson's address updated from Five Points Correctional Facility to Sullivan Correctional Facility on 7/30/2021 pursuant to the NYSDOCCS website. (KAH)
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NOTICE OF RULE 16 SCHEDULING CONFERENCE: Telephone Scheduling Conference set for 9/2/2021 at 10:15 AM before Hon. Marian W. Payson. Letter, notice of Rule 16 scheduling conference, consent form, privacy notice, draft scheduling order, and copy of correctional facility letter sent by First Class Mail to the parties on 7/30/2021. (KAH)
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Filing 26
TEXT ORDER REFERRING CASE to Hon. Marian W. Payson, United States Magistrate Judge, for all pretrial matters excluding dispositive motions. The parties are encouraged to consider consenting to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c). Consent forms are available from the Magistrate Judge's chambers or the Clerk of Court's office. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/27/21. Text Order mailed to pro se Plaintiff.(BJJ)
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Filing 25
ANSWER to #7 Amended Complaint, by McIntyre, J. Perez, R.N. Identification #430 - Moorehouse, Royick, Shields, K. Solotti, Tomas Tucker.(Sheehan, Bernard)
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Filing 24
SUMMONS Returned Executed by Angelo D. Johnson. McIntyre served on 7/7/2021, answer due 7/28/2021; J. Perez served on 7/7/2021, answer due 7/28/2021; Royick served on 7/7/2021, answer due 7/28/2021; Shields served on 7/7/2021, answer due 7/28/2021; K. Solotti served on 7/7/2021, answer due 7/28/2021; Tomas Tucker served on 7/7/2021, answer due 7/28/2021. (TF)
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Filing 23
NOTICE of Appearance by Bernard F. Sheehan on behalf of McIntyre, J. Perez, R.N. Identification #430 - Moorehouse, Royick, Shields, K. Solotti, Tomas Tucker (Sheehan, Bernard)
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Filing 22
Email from Richard Benitez, AAG dated 1/27/2021 to Court Staff regarding the court's request for identification of Nurses 407, 424 and 450. Clerk mailed a copy of this email and NEF to Plaintiff, Angelo D. Johnson. (LMD)
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Summons Reissued as to McIntyre, J. Perez, R.N. Identification #430 - Moorehouse, Royick, Shields, K. Solotti. Completed summons and Marshal forms. The Clerk's Office has forwarded service packets to the US Marshal. (TF)
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Filing 21
Summons Returned Unexecuted by Angelo D. Johnson as to McIntyre, R.N. Identification #430 - Moorehouse, Royick, Shields, K. Solotti, Tomas Tucker. (TF)
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Filing 20
TEXT ORDER: On 2/8/2021, Plaintiff filed a #14 Motion seeking an extension of time to file a notice of appeal in the event that his notice of appeal was not timely filed. It appears that Plaintiff has timely filed a notice of appeal. See ECF No. #15 . Accordingly, Plaintiff's #14 Motion is DENIED as moot. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/22/2021. A copy of this Text Order was mailed to the pro se Plaintiff. (JEH)
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Summons re-Issued as to McIntyre, J. Perez, R.N. Identification #430 - Moorehouse, Royick, Shields, K. Solotti, Tomas Tucker. Completed summons and Marshal forms. The Clerk's Office has forwarded service packets to the US Marshal. (TF)
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Filing 19
Letter from Angelo Johnson, dated 2/10/2020, to Judge Geraci, Jr. (TF)
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Filing 18
CLERKS CERTIFICATE/INDEX filed and electronically sent to Court of Appeals (Attachments: #1 Index)(TF)
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Filing 17
Letter from Angelo Johnson, dated 2/8/2021, to Judge Geraci, Jr. re defendant Morehouse (TF)
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Filing 16
Summons Returned Unexecuted by Angelo D. Johnson as to McIntyre, J. Perez, Royick, Shields, K. Solotti, L. Tucker. (TF)
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Filing 15
NOTICE OF APPEAL as to #12 Order on Motion for Preliminary Injunction and Order on Motion for TRO, by Angelo D. Johnson. Fee: ifp status. Modified on 2/12/2021 (TF).
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Filing 14
MOTION for Leave to Appeal by Angelo D. Johnson.(TF)
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Clerk mailed the PSAP for Prisoner Packet to Angelo D. Johnson at Five Points Correctional Facility. (LMD)
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Filing 13
REFERRAL To PSAP for Prisoners: The pro se Plaintiff is facing difficulty identifying and serving R.N. Identification #450 - Moorehouse. The Court cannot assist Plaintiff with this issue. Plaintiff may contact the Pro Se Assistance Program for assistance. The Clerk's Office will mail this referral and an informational packet regarding the Pro Se Assistance Program to Plaintiff. Plaintiff must return the informed consent form to the Pro Se Assistance Program before Plaintiff will be eligible for assistance. Clerk to Follow up (JEH)
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Filing 12
ORDER denying #8 Motion for Preliminary Injunction; denying #8 Motion for TRO. Defendants are directed to answer the Amended Complaint within the time limit specified by the Courts Order dated November 2, 2020, ECF No. #9 , or to the extent that time limit has expired, as soon as practical;FURTHER, that the Clerk of Court is directed to forward a copy of this Order, the Amended Complaint, ECF No. #7 , and the Courts Order dated November 2, 2020, ECF No. #9 , by email to Ted OBrien, Assistant Attorney General in Charge, Rochester Regional Office Ted.OBrien@ag.ny.gov; and that the New York State Attorney Generals Office is directed to produce the information specified in the Courts Order dated November 2, 2020, ECF No. 9, regarding Defendant Registered Nurses 407, 424, and 450 within fourteen days of the date of this Order. Signed by Hon. Frank P. Geraci, Jr. on 1/25/2021. (LMD)
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Remark: Clerk mailed a copy of #12 Decision and Order to [Angelo D. Johnson ]. (AMW)
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Clerk emailed Ted O'Brien dockets 7, 9 and 12 per Order #12 . (LMD) Modified on 1/26/2021 (LMD).
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Filing 11
REPLY to Response to Motion re #8 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Angelo D. Johnson. (TF)
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Filing 10
DECLARATION signed by J. Richard Benitez re #9 Order,,,,,, filed by NYS DOCCS Five Points CF Response to Plaintiff's Injunctive Relief Request filed by NYS DOCCS Five Points CF. (Benitez, J. Richard)
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Summons Issued as to McIntyre, J. Perez, Royick, Shields, K. Solotti, Tomas Tucker. Completed summons and Marshal forms. The Clerk's Office has forwarded service packets to the US Marshal. (TF)
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Filing 9
ORDER that the Clerk of Court is directed to cause the United States Marshal Service to serve copies of the Summons, Amended Complaint, ECF No. 7, and this Order upon Defendants Superintendent Tomas Tucker, Sergeant Shields, Sergeant McIntyre, Sergeant Royick, Physician Assistant J. Perez, Nurse Practitioner K. Solotti, and Registered Nurse Identification Nos. 407, 424, and 450 (Moorehouse), once identified. The Clerk of Court is directed to forward a copy of this Order by email to Ted OBrien, Assistant Attorney General in Charge, Rochester Regional Office Ted.OBrien@ag.ny.gov. The Clerk of Court is directed to mail copies of the Amended Complaint, ECF No. 7, Plaintiffs Motion for Injunctive Relief, ECF No. 8, and this Order to the Assistant Attorney General in Charge, Attorney Generals Office, 144 Exchange Street, Suite 200, Rochester, New York 14614. The New York State Attorney Generals Office is hereby requested to produce the information specified above regarding the identity of Defendants Registered Nurses 407, 424, and 450 within thirty days of the date of this Order. The Clerk of Court is directed to terminate Defendants Lt. L. Tucker, CO W. Snyder, CO Robert C. Bannister, OMH. Mrs. McCarty, Mr. Ranieri, M.D., and Chief Medical Deputy John Morley and to update Superintendent Tomass name in the case caption to Superintendent Tomas Tucker. Signed by Hon. Frank P. Geraci, Jr. on 11/2/2020. (Mailed a copy of this order to plaintiff and mailed a copies of the Amended Complaint, ECF No. 7, Plaintiffs Motion for Injunctive Relief, ECF No. 8, and this Order to the Assistant Attorney General in Charge)(TF)
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Filing 8
MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order by Angelo D. Johnson.(TF)
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Filing 7
AMENDED COMPLAINT against McIntyre, J. Perez, Royick, Shields, Tomas, L. Tucker, K. Solotti, R.N. Identification #407, R.N. Identification #424, R.N. Identification #450 - Moorehouse, filed by Angelo D. Johnson. (Attachments: #1 Letter, #2 envelope)(TF)
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Filing 6
ORDER granting #2 Motion for Leave to Proceed in forma pauperis; denying #3 Motion for Preliminary Injunction. Plaintiff is granted leave to file an amended complaint only as directed above within 60 days of the date of this Order.If Plaintiff does not file an amended complaint as directed above, the Clerk of Court shall close this case as dismissed with prejudice. Signed by Hon. Frank P. Geraci, Jr. on 9/3/2020. Mailed plaintiff a copy of this order, a copy of the original Complaint, a blank 1983 complaint form, and the instructions for preparing an amended complaint. (TF)
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Filing 5
Letter from Angelo D. Johnson, dated 8/13/2020, to Clerk re #3 MOTION for Preliminary Injunction and temporary restraining order (Attachments: #1 envelope) (TF)
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Filing 4
LETTER RESPONSE re #2 MOTION for Leave to Proceed in forma pauperis and re Marshal Service filed by Angelo D. Johnson. (Attachments: #1 envelope)(TF)
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Filing 3
MOTION for Preliminary Injunction and temporary restraining order by Angelo D. Johnson. (LMD)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Angelo D. Johnson. (LMD)
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Filing 1
COMPLAINT against All Defendants filed by Angelo D. Johnson. (Attachments: #1 Civil Cover Sheet, #2 Letter, #3 Envelope) (LMD)
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