Encarnacion v. Noeth et al
Plaintiff: Bernabe Encarnacion
Defendant: Joseph Noeth, Ensel, D.D. Shanahan, D Williams, S. Mallozzi, Division of Health Services Director John/Jane Doe #13 and John Doe Deputy Superintendent of Security at Attica C.F
Case Number: 6:2021cv06665
Filed: October 29, 2021
Court: US District Court for the Western District of New York
Presiding Judge: Charles J Siragusa
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 29, 2021 Filing 9 Case transferred in from District of New York Northern; Case Number 9:21-cv-00986.
October 29, 2021 Filing 8 DECISION AND ORDER: ORDERED that the claims in the complaint based on alleged wrongdoing that occurred during plaintiff's incarceration at Attica C.F. are severed and transferred to the Western District of New York. This Court makes no ruling as to plaintiff's IFP Application with respect to these claims, leaving that determination to the Western District. ORDERED that 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. ORDERED that plaintiff's IFP Application (Dkt. No. #5 ) with respect to the remaining Northern District of New York claims is GRANTED. ORDERED that the Clerk shall update the docket to identify the "Doe" defendants remaining in this action as follows: (1) Corrections Sergeant John Doe #1; (2) John/Jane Doe #s 2-7, corrections officers on hospital suicide watch between July 7 and July 10, 2018; and (3) John Doe #s 8-12, SHU corrections officers. ORDERED that the following claims SURVIVE sua sponte review: (1) plaintiff's First Amendment retaliation claim against defendant Vitarious; and (2) plaintiff's Eighth Amendment conditions-of-confinement claims against defendants Vitarious, Olivo, Corrections Officers John Doe #s 8-12, Corrections Sergeant John Doe #1, John/Jane Doe#s 2-7, and Connors. ORDERED that plaintiff's Section 1983 official capacity claims are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and U.S.C. 1915A(b) as barred by the Eleventh Amendment. ORDERED that all remaining Section 1983 claims based on events arising out of plaintiff's confinement at Shawangunk 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. ORDERED that the Clerk shall TERMINATE the following individuals as defendants in this action: White; Collado; Annucci; Venettozzi; Polizzi; Forbes; James; Gardner; Noeth; Ensel; Shanahan; Williams; John Doe Deputy Superintendent of Security at Attica C.F.; Division of Health Services Director John/Jane Doe #13; and Mallozzi. ORDERED that upon receipt from plaintiff of the documents required for service, the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon defendants Vitarious, Olivo, and Connors. 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. ORDERED that plaintiff take reasonable steps to ascertain the identity of the remaining "Doe" defendants and, when identified, seek to amend the complaint to add these individuals as a defendants in this action pursuant to Federal Rule of Civil Procedure 15(a). Signed by U.S. District Judge Mae A. D'Agostino on October 29, 2021. {order served via regular mail on plaintiff}(nas ) [Transferred from nynd on 10/29/2021.]
October 29, 2021 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)
September 27, 2021 Filing 7 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 U.S. District Judge Mae A. D'Agostino on September 27, 2021. {text order served via regular mail on plaintiff}(nas) [Transferred from nynd on 10/29/2021.]
September 27, 2021 Filing 6 INMATE AUTHORIZATION FORM by Bernabe Encarnacion. (nas, ) [Transferred from nynd on 10/29/2021.]
September 27, 2021 Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Bernabe Encarnacion (Attachments: #1 cover letter; affidavit of service; envelope) (nas, ) [Transferred from nynd on 10/29/2021.]
September 7, 2021 Opinion or Order Filing 4 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, within 30 days of the filing date of this Order, (1) either (a) pay the $402.00 filing fee in full, or (b) submit a completed and signed IFP application; AND (2) submit a completed and signed inmate authorization form. Signed by U.S. District Judge Mae A. D'Agostino on September 7, 2021. {order and blank forms served via regular mail on plaintiff}(nas, ) [Transferred from nynd on 10/29/2021.]
September 3, 2021 Filing 3 INMATE AUTHORIZATION FORM by Bernabe Encarnacion. (nas, ) [Transferred from nynd on 10/29/2021.]
September 3, 2021 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Bernabe Encarnacion(nas, ) [Transferred from nynd on 10/29/2021.]
September 3, 2021 Filing 1 COMPLAINT against Anthony Annucci, J. Collado, Lt. Connor, John Doe, John Doe, John/Jane Doe, John Does, John Does, John/Jane Does, Ensel, T.M. Forbes, G.R. Gardner, Letitia James, S. Mallozzi, Joseph Noeth, Olivo, A. Polizzi, D.D. Shanahan, D. Venettozzi, Vitarious, Sgt. White, D. Williams filed by Bernabe Encarnacion. (Attachments: #1 cover etter, #2 envelope)(nas ) [Transferred from nynd on 10/29/2021.]

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Plaintiff: Bernabe Encarnacion
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Defendant: Joseph Noeth
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Defendant: Ensel
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Defendant: D.D. Shanahan
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Defendant: D Williams
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Defendant: S. Mallozzi
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Defendant: Division of Health Services Director John/Jane Doe #13
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Defendant: John Doe Deputy Superintendent of Security at Attica C.F
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