Bradshaw v. Annucci et al
| Jay Bradshaw |
| Piccolo, Hill, S White, S. Post, C. Reinhart, E. Speck, Ladoue, Paucelius, Terribilini, Teshani, Dep. Marshall, Schmidt, R. Collins, B. Coons, Clark, C.O. Furney and B. Oakes |
| 6:2021cv06604 |
| September 27, 2021 |
| 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 6 Case transferred in from District of New York Northern; Case Number 9:21-cv-00901. |
Filing 5
DECISION AND ORDER: It is ORDERED that The claims in the complaint based on alleged wrongdoing that occurred while plaintiff was incarcerated at Attica C.F. and Southport C.F. are severed and transferred to the Western District of New York. This Court makes no ruling as to plaintiff's in forma pauperis application with respect to these claims, leaving that determination to the Western District; The Clerk shall advise the Clerk of the Western District of New York of the entry of this Order, together with all information necessary for that Clerk to electronically access the documents filed in this action. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 83.6; Plaintiff's application for leave to proceed IFP (Dkt. No. #3 ) with respect to the remaining Northern District of New York claims is GRANTED in accordance with 28 U.S.C. 1915(g) because plaintiff has made a preliminary showing that he is entitled to the "imminent danger" exception; The Clerk provide the Superintendent of the facility designated by plaintiff as his current location with a copy of plaintiff's inmate authorization form (Dkt. No. #4 ), and notify the official that this action has been filed and that plaintiff is required to pay to the Northern District of New York the statutory filing fee of $350 in installments, over time, pursuant to 28 U.S.C. 1915; The following claims SURVIVE sua sponte review: (1) plaintiff's First Amendment retaliation claim against defendant Lamica; (2) plaintiff's Eighth Amendment excessive force claims against defendants Hollenbeck and Lamica; (3) plaintiff's Eighth Amendment conditions-of-confinement claim based on the denial of meals against defendant Hollenbeck; (4) plaintiff's Eighth Amendment medical indifference claims against defendants Gravlin and Jane Doe; (5) plaintiff's Eighth Amendment excessive SHU confinement claims against defendants Uhler, Cantwell, Tatro, Woodruff, Barbosa, Fennessy, and Venettozzi; and (6) plaintiff's Fourteenth Amendment disciplinary due process claims against defendants Uhler, Cantwell, and Venettozzi arising out of the disciplinary determinations associated with the September 2018 Disciplinary Hearing and the May 2021 Disciplinary Hearing; All remaining Section 1983 claims based on events arising out of plaintiff's confinement at Mid-State C.F. and Upstate C.F. 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; The Clerk shall TERMINATE the following individuals as defendants in this action: Lashway; Russell; Paucelius; Veneske; Collins; Coons; Clark; Terrihilini; Teshani; Marshall; Furney; Schmidt; Reinhart; Post; B. Oakes, Hill; White; Dominic; Speck; Ladoue; Piccolo; Rodriguez; and Annucci; Plaintiff shall advise the Court in writing, within thirty (30) days of the filing date of this Decision and Order, whether he waives for all times all claims in this action relating to disciplinary sanctions arising out of the September 2018 Disciplinary Hearing affecting the duration of his confinement (recommended good time loss) in order to proceed with his claims challenging the sanctions affecting the conditions of his confinement; In the event plaintiff fails to timely file the required Peralta waiver, he will be deemed to have refused to waive the claims relating to disciplinary sanctions arising out of the September 2018 Disciplinary Hearing affecting the duration of his confinement (recommended good time loss), and the due process claims relating to the September 2018 Disciplinary Hearing and appeals therefrom shall be dismissed without prejudice in their entirety; Upon receipt from plaintiff of the documents required for service, the Clerk shall issue summonses and forward them, along with copies of the complaint and Preliminary Injunction Motion (Dkt. No. #2 ), to the United States Marshal for service upon defendants Lamica, Hollenbeck, Gravlin, Uhler, Cantwell, Tatro, Woodruff, Barbosa, Fennessy, and Venettozzi. The Clerk shall forward a copy of the summons and complaint to the Office of the New York State Attorney General, together with a copy of this Decision and Order and the Preliminary Injunction Motion (Dkt. No. #2 ); A response to the complaint be filed by defendants Lamica, Hollenbeck, Gravlin, Uhler, Cantwell, Tatro, Woodruff, Barbosa, Fennessy, and Venettozzi, or their counsel, as provided for in the Federal Rules of Civil Procedure; A response to plaintiff's request for injunctive relief (Dkt. No. #2 ) be filed by defendants Lamica, Hollenbeck, Gravlin, Uhler, Cantwell, Tatro, Woodruff, Barbosa, Fennessy, and Venettozzi, or their counsel, within thirty (30) days of the date of service of the summons and complaint on any defendant; Plaintiff take reasonable steps to ascertain the identity of the remaining "Doe"defendant and, when identified, seek to amend the complaint to add this individual as a defendant in this action pursuant to Federal Rule of Civil Procedure 15(a); and The Clerk shall serve a copy of this Decision and Order on plaintiff. Signed by Judge David N. Hurd on September 27, 2021. (Copy served via regular mail on plaintiff).(rep) [Transferred from nynd on 9/27/2021.]
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| Remark: Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (CGJ) |
| Filing 4 INMATE AUTHORIZATION FORM: Filed by Jay Bradshaw. (rep) [Transferred from nynd on 9/27/2021.] |
| Filing 3 MOTION: For Leave to Proceed in forma pauperis, filed by Jay Bradshaw.(rep) [Transferred from nynd on 9/27/2021.] |
| Filing 2 LETTER MOTION: Filed by Jay Bradshaw, for a Temporary Restraining Order and Preliminary Injunction. (rep) [Transferred from nynd on 9/27/2021.] |
| Filing 1 COMPLAINT WITH JURY DEMAND: Against all defendants, filed by Jay Bradshaw. (Attachments: #1 Mailing Envelope)(rep) [Transferred from nynd on 9/27/2021.] |
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