Coleman v. Wolcott et al
| Windsor Coleman |
| Wolcott, Tomprowski and John Doe/Mr. H |
| 6:2024cv06182 |
| March 26, 2024 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 37 Case transferred in from District of New York Northern; Case Number 9:23-cv-00401. |
Filing 36
ORDER: It is hereby ORDERED that Santos' motion (Dkt. No. #33 ) is DENIED; and it is further ORDERED that the amended complaint (Dkt. No. #14 ) is accepted for filing and deemed the operative pleading; and it is further ORDERED that the Clerk of the Court shall amend the docket report in the following respects: (1) add the following defendants: Annucci, Passage, Wolcott, Tomprowski, and John Doe/Mr. H; and (2) terminate the following defendants: Parmitel, Andrews, Green, Calandra, Bauersfeld, Van Tessell, John Doe #1, Mahan, Carter, Barnes, Martin, Jarvis, Venne, Santo, Durkin, Wood, Khan, Girard, McCoy, Heyden, Bishop, Bell, Mennona, Colon, Davis, Win, Lee, Ruiz, Stephens, Farah, Werlau, Morrow, Collado, Hawthorne, Dewey, Hollenbeck, Hooker, Clark, Reynolds, Barkman, Uhler, Venettozzi, Rodriguez, Miller, Noeth, Ivery, Goliato, DOCCS, Department of Mental Health, Attorney Generals Office, and Governor's Office; and it is further ORDERED, that pursuant to Fed. R. Civ. P. 21 and 28 U.S.C. 1404(a), the following defendants and all claims against them, are severed and transferred to the Western District of New York: Wolcott, Tomprowski, and John Doe/Mr. H; and it is further ORDERED, that no ruling is made as to the sufficiency of the amended complaint with respect to the claims that have been severed and transferred to the Western District, leaving that determination to the Western District of New York; and it is further ORDERED, that the Clerk shall advise the Clerk of the Western District of New York, in writing, of the entry of this Decision and Order and provide the Clerk with a certified copy of this Decision and Order and of the docket report for this action, together with all information necessary for the Clerk of the Western District of New York to electronically access the documents filed in this action; and it is further ORDERED, that the fourteen (14) day waiting period provided for in Local Rule 83.6 is hereby waived; and it is further ORDERED, that the Clerk shall remove the following defendants from the docket: Wolcott, Tomprowski, and John Doe/Mr. H; and it is further ORDERED that the Eighth Amendment claims against Annucci and Passage 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; and it is further ORDERED that, if Coleman wishes to proceed with this action, he must file an amended complaint as set forth above within thirty (30) days from the date of the filing of this Decision and Order; and it is further ORDERED that, if Coleman timely files an amended complaint, this matter be returned to the Court for further review; and it is further ORDERED that, if Coleman fails to timely file an amended complaint as directed above, the Clerk shall enter judgment indicating this action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case; and it is further ORDERED that Coleman's motion for copies (Dkt. No. #32 ) is DENIED; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on the parties in accordance with the Local Rules of Practice. The Clerk shall also provide Coleman with a courtesy copy of the Docket Report and a Photocopy Request Form. (Notice of Compliance Deadline 4/25/2024, Case Review Deadline 5/28/2024). Signed by U.S. District Judge Glenn T Suddaby on 3/26/2024. (Attachments: #1 Case law) (Copy served via regular mail)(meb) [Transferred from nynd on 3/26/2024.]
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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) |
| Filing 35 Letter requesting to know if the court received his #33 Motion for Reconsideration filed by Francisco Santos. (Mailing envelope included) [The Clerk is sending Santos a copy of the docket sheet via regular mail.] (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 34 NOTICE OF CHANGE OF ADDRESS filed by Windsor Coleman. Old Address: Lakeview Shock Incarceration Correctional Facility. New Address: Attica Correctional Facility. (Mailing envelope included) (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 33 MOTION for Reconsideration of #30 Order filed by Francisco Santos. (nas ) [Transferred from nynd on 3/26/2024.] |
| Filing 32 Letter Request for copies of all of the documents in this case filed by Windsor Coleman. (Mailing envelope included) (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 31 NOTICE OF CHANGE OF ADDRESS filed by Windsor Coleman. Old Address: Mid-State Correctional Facility. New Address: Lakeview Shock Incarceration Correctional Facility. (Mailing envelope included) (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 30 DECISION AND ORDER that Santos is DISMISSED as a plaintiff herein for his failure to comply with the filing fee requirements for this action as set forth in the November 2023 and December 2023 Order. Plaintiffs letter request (Dkt. No. #29 ) is DENIED. Signed by U.S. District Judge Glenn T Suddaby on 1/25/2024. (Copy served upon Plaintiffs Santos and Coleman via regular mail)(sal ) [Transferred from nynd on 3/26/2024.] |
| Filing 29 Letter Request for an extension of time to pay the filing fee filed by Francisco Santos. (Mailing envelope included) (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 28 TEXT NOTICE: The Clerk is sending plaintiff Santos a copy of the #26 Text Order and a copy of the docket sheet to his new address at Attica Correctional Facility. (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 27 NOTICE OF CHANGE OF ADDRESS filed by Francisco Santos. Old Address: Collins Correctional Facility. New Address: Attica Correctional Facility. (Mailing envelope included) (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 26 TEXT ORDER: On November 9, 2023, the Court issued an Order directing plaintiff Santos to pay the Court's filing fee of four hundred and two dollars ($402.00) in full and submit an amended complaint within thirty (30) days. Dkt. No. #23 . In lieu of the filing fee and amended pleading, Plaintiff submitted a letter and Notice of Change of Address. See Dkt. Nos. #24 and #25 . In light of Plaintiff's pro se status, Plaintiff is afforded ONE FINAL thirty-day extension to comply with the Court's November Order. Plaintiff is advised that if he fails to comply with this Order and the November 2023 Order, he will be dismissed as a party to this action, without prejudice without further order of this Court. ( Notice of Compliance Deadline 1/12/2024). SO ORDERED by U.S. District Judge Glenn T Suddaby on 12/13/2023. (Copy served upon Plaintiffs Santos and Coleman via regular mail)(sal ) [Transferred from nynd on 3/26/2024.] |
| Filing 25 NOTICE OF CHANGE OF ADDRESS filed by Francisco Santos. Old Address: Wende Correctional Facility. New Address: Collins Correctional Facility. (Mailing envelope included) (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 24 Letter inquiring as to the receipt of documents filed by Francisco Santos. (Mailing envelope included) (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 23 DECISION AND ORDER that Coleman's motion (Dkt. No. #21 ) is GRANTED. The Clerk of the Court shall attach a copy of the submission at Docket No. #21 to the amended complaint (Dkt. No. #14 ). Santos shall pay the Court's filing fee of four hundred and two dollars ($402.00) in full and submit an amended complaint within thirty (30) days of the date of this Decision and Order, or he will be dismissed as a party to this action without prejudice without further order of this Court. The Clerk of the Court shall return the file to this Court for review of the amended complaint (Dkt. No. #14 ) in accordance with 28 U.S.C. 1915(e) and/or 1915A in thirty (30) days. Signed by U.S. District Judge Glenn T Suddaby on 11/9/2023. (Copy served upon Santos and Coleman via regular mail)(sal) [Transferred from nynd on 3/26/2024.] |
| Set Deadlines: Notice of Compliance Deadline 12/11/2023 (sal ) [Transferred from nynd on 3/26/2024.] |
| Filing 22 Letter from Santos inquiring as to receipt of documents. Updated copy of docket sheet provided. (nas ) [Transferred from nynd on 3/26/2024.] |
| Filing 21 MOTION to Supplement the #14 Amended Complaint filed by Windsor Coleman. (Mailing envelope included)(meb) [Transferred from nynd on 3/26/2024.] |
| Filing 20 Photocopy request for a copy of the #14 Amended Complaint with enclosed check filed by Windsor Coleman. (Receipt number 500000930) [The Clerk is sending plaintiff a copy at his current location.] (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 19 DECISION AND ORDER that Santos' motion for an extension of time is GRANTED in part and DENIED in part as discussed in this Order. Santos shall pay the Court's filing fee of four hundred and two dollars ($402.00) in full and submit an amended complaint within thirty (30) days of the date of this Decision and Order, or he will be dismissed as a party to this action without prejudice without further order of this Court. Coleman's motion for copies (Dkt. No. #15 ) is DENIED. The Clerk of the Court shall return the file to this Court for review of the amended complaint (Dkt. No. #14 ) in accordance with 28 U.S.C. 1915(e) and/or 1915A in thirty (30) days. The Clerk of the Court shall serve a copy of this Decision and Order on Santos and Coleman and a courtesy copy of the Docket Report and a Photocopy Request Form on Coleman, in accordance with the Local Rules of Practice. Signed by U.S. District Judge Glenn T Suddaby on 9/8/2023. (Notice of Compliance Deadline 10/9/2023. Case Review Deadline 11/8/2023). (Copy of Decision and Order served upon Santos & Coleman, and a courtesy copy of the Dkt. Sheet & Photocopy Request Form served upon Coleman as well, via regular mail) (sal ) [Transferred from nynd on 3/26/2024.] |
| Filing 18 NOTICE that he is temporarily located at Five Points Correctional Facility filed by Windsor Coleman. (Mailing envelope included) (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 17 Letter requesting confirmation that the court received his letter request filed by Francisco Santos. (Mailing envelope included) [The Clerk is sending plaintiff Santos a copy of the docket sheet via regular mail.] (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 16 Letter in support of the #15 Letter Request filed by Windsor Coleman. (Mailing envelope included) (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 15 Letter Request for a free copy of the #14 Amended Complaint filed by Windsor Coleman. (Mailing envelope included) (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 14 AMENDED COMPLAINT WITH JURY DEMAND filed by Windsor Coleman. (Attachments: #1 Mailing envelope)(meb) (Additional attachment(s) added on 11/9/2023: #2 Supplement) (sal, ). [Transferred from nynd on 3/26/2024.] |
| Filing 13 Letter Request for an extension of time to file an amended complaint and to pay the filing fee filed by Francisco Santos. (Mailing envelope included) (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 12 NOTICE OF CHANGE OF ADDRESS filed by Windsor Coleman. Old Address: Clinton Correctional Facility. New Address: Mid-State Correctional Facility. (Mailing envelope included) (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 11 Notification to Superintendent of Filing - Provided Superintendent at Mid-State Correctional Facility with notice of instant action and a copy of Plaintiff's #8 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 10 DECISION AND ORDER: It is hereby ORDERED that Coleman's IFP Application (Dkt. No. #7 ) is GRANTED. The Clerk shall provide the Superintendent of the facility that Coleman has designated as his current location with a copy of Coleman's inmate authorization form (Dkt. No. #8 ) and notify that official that Coleman has filed this action and is required to pay to the Northern District of New York the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915. The Clerk shall also provide a copy of inmate authorization form for Coleman (Dkt. No. #8 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED that Coleman must file a change of address within THIRTY DAYS; and it is further ORDERED that Santos' application for leave to proceed IFP is DENIED pursuant to 28 U.S.C. 1915(g) because Santos has three "strikes" and is not entitled to the "imminent danger" exception; and it is further ORDERED that Santos will be dismissed as a plaintiff unless, within thirty (30) days of the date of this Decision and Order, Santos pays the Court's filing fee of four hundred and two dollars ($402.00) in full; and it is further ORDERED that this action shall be DISMISSED unless, within thirty (30) days of the date of this Decision and Order, plaintiffs file an amended complaint as set forth above; and it is further ORDERED that Melendez and Pacheco are DISMISSED without prejudice as plaintiffs herein for their failure to comply with the May Order. The Clerk shall amend the docket to reflect their dismissal; and it is further ORDERED that Santos' motion for an extension of time (Dkt. No. #4 ) is DENIED as moot, and it is further ORDERED that the Clerk serve a copy of this Decision and Order and a Change of Address form on Coleman at his last known address (Clinton C.F.), and the address of the facility listed in the Inmate Information Database (Mid-State C.F.), by regular mail; and it is further ORDERED that the Clerk serve a copy of this Decision and Order on Santos, Melendez, and Pacheco, in accordance with the Local Rules of Practice. (Notice of Compliance Deadline 7/31/2023). Signed by U.S. District Judge Glenn T. Suddaby on 6/29/2023. (Copy served via regular mail)(meb) [Transferred from nynd on 3/26/2024.] |
| Filing 9 RULE 11 AFFIDAVIT filed by Windsor Coleman. (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 8 INMATE AUTHORIZATION FORM filed by Windsor Coleman. (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by Windsor Coleman. (Mailing envelope included) [The clerk notes that Coleman is now located at Mid-State Correctional Facility.](meb) [Transferred from nynd on 3/26/2024.] |
| Filing 6 DECLARATION regarding his inability to get a certified IFP filed by Francisco Santos. (Mailing envelope included) (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 5 DECISION AND ORDER that Santos' IFP application (Dkt. No. #2 ) is DENIED. Plaintiffs must each, within thirty (30) days from the date of the filing of this Decision and Order either (1) pay the Court's filing fee of four hundred and two dollars ($402.00) in full or (2) submit a completed, signed, and certified IFP Application. Plaintiffs Coleman, Melendez, and Pacheco shall each file an Inmate Authorization Form, within thirty (30) days of the filing of this Decision and Order reflecting their consent to pay the filing fee over time. If, within the time period specified above, any plaintiff fails to comply with the terms of this Decision and Order delineated above, that plaintiff will be dismissed from this action without prejudice without further Order of this Court. Santos' motion for an extension of time (Dkt. No. #4 ) is held in abeyance. The Clerk shall serve a copy of this Decision and Order on each plaintiff at his address of record. Signed by U.S. District Judge Glenn T. Suddaby on 5/9/2023. (Copy of Decision and Order served upon each of the plaintiffs via regular mail. Plaintiff Santos provided with blank IFP application. Plaintiffs Coleman, Melendez, and Pacheco provided with a blank IFP application & inmate authorization form. Blank Rule 11 affidavits provided to Plaintiffs Coleman, Melendez, and Pacheco.)(sal) [Transferred from nynd on 3/26/2024.] |
| Set Deadlines: Notice of Compliance Deadline 6/8/2023. Case Review Deadline 7/10/2023. (sal) [Transferred from nynd on 3/26/2024.] |
| Filing 4 Letter Request for an extension of time to file the rest of the complaint filed by Francisco Santos. (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 3 INMATE AUTHORIZATION FORM filed by Francisco Santos. (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Francisco Santos. (meb) [Transferred from nynd on 3/26/2024.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against Chaz Andrews, John Barkman, E. C. Barnes, B. N. Bauersfeld, Earl Bell, Reginald C. Bishop, M. Calandra, Matthew J. Carter, C. J. Clark, Jaifa Collado, John Colon, Jane Davis, N. P. Dewey, C. Durkin, Ronald Farah, C. Girard, Megan Goliato, W. N. Green, Amber Hawthorne, Jane Heyden, D. J. Hollenbeck, R. C. Hooker, J. Ivery, Jacob R. Jarvis, John Doe #1, Lynne Khan, Chung Shuk Lee, Justin Mahan, Donnie Martin, Patrick McCoy, R. C. Mennona, Darren T. Miller, V. J. Morrow, Joseph H. Noeth, Cheryl Parmitel, John Reynolds, Anthony Rodriguez, Jane Ruiz, John Santo, S. R. Stephens, The New York State Department of Corrections & Community Supervision, The New York State Department of Mental Health Services Entity/Office, The New York State Governor Entity/Office, The New York States Attorney Generals Entity/Office, Donald G. Uhler, B. Van Tessell, Donald Venettozzi, John Venne, John Werlau, John Win, Ronald G. Wood filed by Francisco Santos. (Attachments: #1 Civil Cover Sheet, #2 Mailing envelope)(meb) [Transferred from nynd on 3/26/2024.] |
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