Crichlow v. Guzman et al
| Kevin Damion Crichlow |
| Dr. Guzman, Lake, Meineke, McGill, M. Jr., Dinello, Sandez, Perrottia, John Doe #1, Andola, Sherhand, Zwece, Morrow, Cadrette, Travis, Robinson, Lilley, John Doe, Henre and John Doe #2 |
| 6:2022cv06031 |
| January 21, 2022 |
| US District Court for the Western District of New York |
| Rochester Office |
| Elizabeth A Wolford |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on February 22, 2022. A more recent docket listing may be available from PACER.
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Filing 28
MOTION for Leave to Proceed in forma pauperis by Kevin Damion Crichlow.(TF)
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Remark: Resent order, judgment and motion ifp form to plaintiff. (TF)
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Filing 27
Mail Returned as Undeliverable. #25 Order, sent to Plaintiff Crichlow (TF)
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Filing 26
JUDGMENT administratively terminating this action. Signed by Clerk of Court on 1/27/2022. Mailed a copy of this judgment to plaintiff. (TF)
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Filing 25
ORDER that Plaintiff's application to proceed in forma pauperis (Dkt. 5) is DENIED without prejudice. The Clerk of Court shall administratively terminate this action. If Plaintiff wishes to reopen this case, he must notify the Court in writing within 30 days of the date of this Order. Signed by Hon. Elizabeth A. Wolford on 1/27/2022. Mailed plaintiff a copy of this order and a form motion for IFP with supporting affirmation.(TF)
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Filing 24
Case transferred in from District of New York Northern; Case Number 9:21-cv-00692.
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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)
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Filing 23
Notification to Superintendent of Filing - Provided Superintendent at Gouverneur Correctional Facility with notice of instant action and a copy of Plaintiff's #6 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) [Transferred from nynd on 1/21/2022.]
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Filing 22
SECOND AMENDED COMPLAINT against Lake, Meineke, McGill, M. Jr., Dinello, Sandez, Perrottia, John Doe #1, Andola, Sherhand, Zwece, Morrow, Cadrette, Travis, Robinson, Lilley, John Doe, Henre, John Doe #2 filed by Kevin Damion Crichlow. (Attachments: #1 part 2, #2 part 3, #3 Exhibit(s))(nas, ) [Transferred from nynd on 1/21/2022.]
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Filing 21
DECISION AND ORDER: ORDERED that the Clerk shall attach the document entitled "Part II of First Amend[ed] Complaint" (Dkt. No. #19 ) after page 82 of the amended complaint (Dkt. No. #17 ), and docket the exhibits to the amended complaint as an attachment to the combined amended pleading. ORDERED that the claims in the amended complaint based on alleged wrongdoing that occurredwhile plaintiff was incarcerated at 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. ORDERED that Plaintiff's application for leave to proceed IFP (Dkt. No. #5 ) with respect to the remaining Northern District of New York claims is now 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. ORDERED that the following claims SURVIVE sua sponte review: (1) plaintiff's First Amendment retaliation claims against defendants Guzman, Dinello, Lake, Meineke, McGill, and M. JR; (2) plaintiff's Eighth Amendment medical indifference claims against defendants Guzman, Dinello, Sandez, Perrottia, Corrections Officer John Doe #1, McGill, and M. JR; (3) plaintiff's ADA and Rehabilitation Act claims against defendants Guzman, Andola, Sherhand, Zwece, and Morrow; (4) plaintiff's Eighth Amendment excessive and failure-to-intervene claims against defendants Cadrette, Perrottia, Sandez, McGill, Travis, Meineke, Corrections Officer John Doe #1, and Robinson; (5) plaintiff's Eighth Amendment conditions-of-confinement claims against defendants Sandez, Perrottia, Cadrette, Lilley, and Deputy Superintendent of Security John Doe based on these officials allegedly depriving him of adequate clothing; and(6) plaintiff's Eighth Amendment conditions-of-confinement claims against defendants McGill, Meineke, Travis, Robinson, Henre, Corrections Officer John Doe #1, and Corrections Sergeant John Doe #2 based on these officials allegedly denying him access to recreation for roughly sixty-five (65) days; Plaintiff's Section 1983 official capacity claims based on events arising out of his confinement at Eastern C.F. 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 Section 1983 claims based on events arising out of plaintiff's confinement at Eastern 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 only the following officials shall remain as defendants in this action: Guzman; Lake; Meineke; McGill; M. JR; Dinello; Sandez; Perrottia; Corrections Officer John Doe #1;Andola; Sherhand; Zwece; Morrow; Cadrette; Travis; Robinson; Lilley; DeputySuperintendent of Security John Doe; Henre; and Corrections Sergeant John Doe #2. The Clerk shall TERMINATE all other individuals identified on the docket asdefendants in this action. Upon receipt from plaintiff of the documents required for service, the Clerk shall issue summonses and forward them, along with copies of the amended complaint, to the United States Marshal for service upon defendants Guzman, Lake, Meineke, McGill, Dinello, Sandez, Perrottia, Andola, Sherhand, Zwece, Morrow, Cadrette, Travis, Robinson, Lilley, and Henre. The Clerk shall forward a copy of the summons and amended complaint to the Office of the New York State Attorney General, together with a copy of this Decision and Order. ORDERED that Plaintiff shall take reasonable steps to ascertain the identity of the remaining "Doe" defendants, and defendant "M JR", and, when identified, seek leave to amend the amended complaint to add these individuals as defendants in this action pursuant to Federal Rule of Civil Procedure 15(a). Signed by Judge David N. Hurd on January 20, 2022. {order served via regular mail on plaintiff}(nas) [Transferred from nynd on 1/21/2022.]
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Filing 20
NOTICE of Change of Address by Kevin Damion Crichlow Effective Date 1/13/22 Old Address: Southport Correctional Facility New Address: Gouverneur Correctional Facility (nas, ) [Transferred from nynd on 1/21/2022.]
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Filing 19
SUPPLEMENTAL AMENDED COMPLAINT filed by Kevin Damion Crichlow. (Attachments: #1 Exhibit(s), #2 envelope)(nas, ) [Transferred from nynd on 1/21/2022.]
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Filing 18
Letter from Crichlow requesting copy of docket sheet.[docket sheet provided on 12/1/2021] (nas, ) [Transferred from nynd on 1/21/2022.]
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Filing 17
AMENDED COMPLAINT filed by Kevin Damion Crichlow. (Attachments: #1 envelope)(nas, ) [Transferred from nynd on 1/21/2022.]
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Filing 16
TEXT ORDER granting #15 Letter Request. Plaintiff is granted an extension of time until December 3, 2021 to comply with the July 20, 2021 Decision and Order (Dkt. No. 10). Authorized by Judge David N. Hurd on November 18, 2021. {text order served via regular mail on plaintiff}(nas) [Transferred from nynd on 1/21/2022.]
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Filing 15
Letter Motion from Kevin Damion Crichlow requesting an extension of time of 2 weeks. (nas, ) [Transferred from nynd on 1/21/2022.]
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Filing 14
TEXT ORDER granting #13 Letter Request. Plaintiff is granted an extension of time until November 19, 2021 to comply with the July 20, 2021 Decision and Order (Dkt. No. 10). Authorized by Judge David N. Hurd on September 30, 2021. {text order served via regular mail on plaintiff}(nas) [Transferred from nynd on 1/21/2022.]
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Filing 13
Letter Motion from Kevin Damion Crichlow requesting an extension of time. (nas, ) [Transferred from nynd on 1/21/2022.]
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Filing 12
TEXT ORDER granting #11 Letter Request. Plaintiff is granted an extension of time until October 20, 2021 to comply with the July 20, 2021 Decision and Order (Dkt. No. 10). Authorized by Judge David N. Hurd on July 21, 2021. {text order served via regular mail on plaintiff}(nas ) [Transferred from nynd on 1/21/2022.]
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Filing 11
Letter Motion from Kevin Damion Crichlow requesting an extension of time. (Attachments: #1 envelope)(nas, ) [Transferred from nynd on 1/21/2022.]
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Filing 10
DECISION AND ORDER: ORDERED that 1. Plaintiff's IFP Application (Dkt. No. #5 ) is DENIED pursuant to 28 U.S.C. 1915(g) because plaintiff has three "strikes" and is not entitled to the "imminent danger" exception; 2. This action shall be DISMISSED unless, within thirty (30) days of the date of this Decision and Order, plaintiff either (i) pays the Court's filing fee of four hundred and two dollars ($402.00) in full, or (ii) files an amended complaint demonstrating that he faced an "imminent danger of serious physical injury" from the defendants when he commenced this action; 3. Upon plaintiff's compliance with this Decision and Order, the Clerk shall return the file to this Court for review; 4. If plaintiff fails to timely comply with this Decision and Order, the Clerk is directed to enter judgment dismissing this action, without prejudice, without further order of this Court. Signed by Judge David N. Hurd on July 20, 2021. {order served via regular mail on plaintiff}(nas ) [Transferred from nynd on 1/21/2022.]
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Set Deadlines/Hearings: Notice of Compliance Deadline 8/20/2021 Case Review Deadline 9/20/2021 (nas, ) [Transferred from nynd on 1/21/2022.]
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Filing 9
Letter from Crichlow dated 6/22/2021. (nas, ) [Transferred from nynd on 1/21/2022.]
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Filing 8
NOTICE of Change of Address by Kevin Damion Crichlow Effective Date 7/1/21 Old Address: Eastern NY Correctional Facility New Address: Southport Correctional Facility, Updated copy docket sheet provided to plaintiff. (nas, ) [Transferred from nynd on 1/21/2022.]
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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 Judge David N. Hurd on June 29, 2021. {text order served via regular mail on plaintiff}(nas ) [Transferred from nynd on 1/21/2022.]
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Filing 6
INMATE AUTHORIZATION FORM by Kevin Damion Crichlow. (nas, ) [Transferred from nynd on 1/21/2022.]
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Filing 5
MOTION for Leave to Proceed in forma pauperis filed by Kevin Damion Crichlow. (nas, ) [Transferred from nynd on 1/21/2022.]
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: 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, either (1) pay the $402.00 filing fee in full; or (2) submit a completed and signed IFP application. ORDERED that, in the event plaintiff chooses to file an IFP application, it must be accompanied by a signed inmate authorization form in accordance with the Court''s Local Rules. Signed by Judge David N. Hurd on June 14, 2021. {order and blank forms served via regular mail on plaintiff}(nas ) [Transferred from nynd on 1/21/2022.]
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Filing 3
Case transferred in from District of New York Southern; Case Number 1:21-cv-04457. electronically transferred when case opened [Transferred from nynd on 1/21/2022.]
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Mailed a copy of #2 Order, to Kevin Damion Crichlow, DIN: 08A3511 at Eastern NY Correctional Facility, 30 Institution Rd, P.O. Box 338, Napanoch, NY 12458. (dsh) [Transferred from New York Southern on 6/14/2021.] [Transferred from nynd on 1/21/2022.]
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Filing 2
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. This order closes this case in this court. The Court certifies, pursuant to 28 U.S.C 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/4/21) (rdz) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 6/14/2021.] [Transferred from nynd on 1/21/2022.]
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb) [Transferred from New York Southern on 6/14/2021.] [Transferred from nynd on 1/21/2022.]
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Filing 1
COMPLAINT against Annucci, John Doe, Guzman, Waren L. L., Morris, New York State DOCCS, Nurse, Nurse (F). Document filed by Kevin Damion Crichlow. (sac) [Transferred from New York Southern on 6/14/2021.] [Transferred from nynd on 1/21/2022.]
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Case Designated ECF. (sac) [Transferred from New York Southern on 6/14/2021.] [Transferred from nynd on 1/21/2022.]
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