Toussaint v. Doe 1 et al
| Dwight Toussaint |
| John Doe 1, John Doe 2, John Doe 3, John Doe 4, John Doe 5, John Doe 6, John Doe 7, John Doe 8, Jane Doe, J. Josling, Callendar, Fortes and Gates |
| 6:2023cv06622 |
| October 30, 2023 |
| US District Court for the Western District of New York |
| David G Larimer |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 Case transferred in from District of New York Northern; Case Number 9:23-cv-00974. |
| 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
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED, that Plaintiff's IFP Application (Dkt. No. #2 ) is GRANTED. The Clerk shall provide the superintendent of the facility, designated by Plaintiff as his current location, with a copy of Plaintiff's authorization form (Dkt. No. #3 ) and notify the official that this action has been filed and that Plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED, that the Clerk shall provide a copy of Plaintiff's authorization form (Dkt. No. #3 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED, that the claims in the Complaint against all defendants other than Ramsey are severed and transferred to the Western District of New York. The Clerk shall TERMINATE all Defendants other than Ramsey from this action; and it is further ORDERED, that the Clerk shall advise the Clerk of the Western District of New York of the entry of this Order and provide 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 3.7; and it is further ORDERED, that Plaintiff's Fourteenth Amendment equal protection claim against Ramsey SURVIVES sua sponte review and requires a response; and it is further ORDERED, that Plaintiff's Fourteenth Amendment due process claim against Ramsey is DISMISSED without prejudice pursuant to 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted; and it is further ORDERED, that the Clerk shall issue a summons and forward it, along with a copy of the Complaint, to the United States Marshal for service upon Defendant Ramsey. The Clerk shall forward a copy of the summons and Complaint by electronic mail to the Office of the New York State Attorney General, together with a copy of this Memorandum-Decision and Order; and it is further ORDERED, that upon completion of service, a response to the Complaint be filed by Ramsey, or is counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Lawrence E. Kahn on 10/27/2023. (Copy served via regular mail)(meb) [Transferred from nynd on 10/30/2023.]
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| Filing 3 INMATE AUTHORIZATION FORM filed by Dwight Toussaint. (meb) [Transferred from nynd on 10/30/2023.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Dwight Toussaint. (meb) [Transferred from nynd on 10/30/2023.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against Callendar, Fortes, Gates, Jane Doe, John Doe 1, John Doe 2, John Doe 3, John Doe 4, John Doe 5, John Doe 6, John Doe 7, John Doe 8, J. Josling, D. Ramsey filed by Dwight Toussaint.(meb) [Transferred from nynd on 10/30/2023.] |
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