Lefler v. State of New York et al
| Donald S. Lefler |
| State of New York, Elmira Correctional Facility, Officer Ferraro, Sergeant M. Albert and Superintendent John Rich |
| 6:2022cv06468 |
| October 26, 2022 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Plaintiff's claims against the State of New York; Elmira C.F.; and C.O. Ferraro, Superintendent Rich, and Sergeant Albert in their official capacities are barred by the Eleventh Amendment and are dismissed with prejudice. Plaintiff's Fourth Amendment claim based on an unreasonable cell search and his Eighth Amendment claim alleging deliberate medical indifference are dismissed with prejudice. Plaintiff is, however, permitted to file an amended complaint with respect to his Eighth Amendment claim alleging a failure to protect him from inmate violence. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/21/2022. (MDS)This was mailed to: Pro Se Plaintiff.
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| Filing 2 MOTION for Leave to Proceed in forma pauperis with authorization by Donald S. Lefler.(LMD) |
| Filing 1 COMPLAINT against M. Albert, Elmira Correctional Facility, Ferraro, John Rich, State of New York, filed by Donald S. Lefler. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (LMD) |
| 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. (LMD) |
| Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to plaintiff. (LMD) |
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