Cardew v. Sticht
| Robert Cardew |
| Thomas Sticht, New York State Department of Corrections and Community Supervision and Anthony J. Annucci |
| 6:2022cv06481 |
| November 3, 2022 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 5, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 8 MOTION for Service by US Marshal by Robert Cardew. (Attachments: #1 Envelope) (JHF) |
| Remark: mailed plaintiff a copy of our local rules and pro se guidelines. (TF) |
| Filing 7 Letter from Robert Cardew, dated 11/9/22, to Clerk. (RE) |
| Filing 6 Case transferred in from District of New York Northern; Case Number 9:22-cv-00966. |
Filing 5
DECISION AND ORDER: ORDERED that the claims arising out of plaintiff's confinement at Wyoming Correctional Facility are severed and transferred to the Western District of New York. ORDERED that the Clerk advise the Clerk of the Western District of New York of the entry of this Decision and Order and provide all information necessary for the Clerk of the Western District of New York to electronically access the documents filed in this action. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 3.7. ORDERED that the Clerk shall remove Thomas Sticht from the docket as a defendant in the Northern District action. ORDERED that the following claims SURVIVE sua sponte review: (1) plaintiff's ADA and Rehabilitation Act claims against the New York State Department of Corrections and Community Supervision; and (2) plaintiff's Title III ADA claims and Rehabilitation Act claims against AHMC and LeBeau. ORDERED that plaintiff's Title II ADA claims against AHMC and LeBeau and his Title II ADA claims and Rehabilitation Act claims against Annucci and Barber are DISMISSED without prejudice pursuant to 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted.ORDERED that if plaintiff wishes to proceed with his claims against DOCCS, AHMCand LeBeau, he must do the following within thirty (30) days: (1) pay the service fee due to the U.S. Marshal in full by money order or certified check; and (2) provide all necessary papers for service, including a completed U.S. Marshals Form (USM-285 Form) for each of the remaining defendants, and three copies of the complaint. The Clerk shall send plaintiff three blank USM-285 Forms for his completion and one copy of his complaint for his use in making additional copies. ORDERED that upon receipt from the Clerk of plaintiff's payment of the service fee and the documents required for service, the U.S. Marshal shall attempt to serve the summons and complaint upon DOCCS, AHMC, and LeBeau in accordance with Rule 4 of the Federal Rules of Civil Procedure. ORDERED that plaintiff's Service Affidavit (Dkt. No. #2 ) is DENIED insofar as it seeks permission to serve any of the remaining defendants by certified mail. ORDERED that the Clerk shall TERMINATE Barber and Annucci as defendants in this action. Signed by Chief Judge Brenda K. Sannes on November 3, 2022. (Attachments: #1 case law cited, #2 case law cited, #3 case law cited, #4 case law cited, #5 case law cited, #6 case law cited) {order and referenced documents served via regular mail on plaintiff}(nas) [Transferred from nynd on 11/3/2022.]
|
| 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 Letter from Cardew inquiring as to receipt of documents. (nas ) [Transferred from nynd on 11/3/2022.] |
| Filing 3 Letter from Cardew enclosing filing fee. (nas ) [Transferred from nynd on 11/3/2022.] |
| Filing 2 Letter Motion from Robert Cardew requesting assistance with service. (Attachments: #1 Proposed Summons)(nas ) [Transferred from nynd on 11/3/2022.] |
| Filing 1 COMPLAINT against Alice Hyde Medical Center, Anthony J. Annucci, Victoria Barber, Michelle Lebeau, New York State Department of Corrections and Community Supervision, Thomas Sticht (Filing fee $402 receipt number SYR061405) filed by Robert Cardew. (Attachments: #1 cover letter and civil cover sheet, #2 envelope)(nas ) [Transferred from nynd on 11/3/2022.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
