Hamilton v. Wolcott et al
| Derrick M. Hamilton |
| G. Poff, L. Middlebrook and Julia Wolcott |
| 6:2024cv06500 |
| August 15, 2024 |
| US District Court for the Western District of New York |
| Charles J Siragusa |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2024. A more recent docket listing may be available from PACER.
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| Filing 29 NOTICE of Change of Address by Derrick M. Hamilton. (RE) |
| Filing 28 Case transferred in from District of New York Northern; Case Number 9:23-cv-01141. |
| Filing 27 AMENDED COMPLAINT WITH JURY DEMAND filed by Derrick M. Hamilton. (Attachments: #1 Exhibits)(meb) [Transferred from nynd on 8/15/2024.] |
Filing 26
DECISION AND ORDER: It is ORDERED that plaintiff's motion for reconsideration (Dkt. No. #24 ) is DENIED; Plaintiff's motion for permission to amend the complaint is DENIED (Dkt. No. #25 ) as unnecessary; The amended complaint (Dkt. No. #25 -1) is accepted as the operative pleading; The Clerk of the Court shall amend the Docket Report as follows: (1) create a new docket entry for the amended complaint (Dkt. No. #25 -1) with exhibits (Dkt. No. #25 -2); and (2) add the following defendants: Martuscello, Annucci, Sheehan, McCarthy, Purcell, Pettigrass, Klasen, Jakaub, Tanner, McIntosh, Richards, LeClair, Ahern, John Doe #1, John Doe #2, Jane Doe, Harrigan, Spencer, Vargas, Wolcott, Poff, and Middlebrook; 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, Poff, and Middlebrook; 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; 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; The fourteen (14) day waiting period provided for in Local Rule 83.6 is hereby waived; The following claims are DISMISSED pursuant to 28 U.S.C. 1915A(b): (1) plaintiff's 1983 claims for monetary damages against defendants in their official capacity; (2) RLUIPA claims; (3) First Amendment retaliation claims against Jakaub, Tanner, Annucci, Martuscello, Sheehan, Ahern, and Doe defendants; (4) Eighth Amendment condition-of-confinement claims related to COVID-19 and SHU confinement against Klasen, McIntosh, Martuscello, Annucci, and Sheehan; (5) Fourteenth Amendment equal protection claims; (6) Fourteenth Amendment due process claims; (7) Fourteenth Amendment claims related to the deprivation of property; (8) conspiracy claims; (9) claims related to the grievance process; (10) claims related to violations of DOCCS' directives; and (11) state law claims related to the HALT Act and NYS constitutional claims; The following claims survive the Court's sua sponte review under 28 U.S.C. 1915A(b) and require a response: (1) First Amendment free exercise claims against Schenk, McCarthy, Purcell, Richards, Spencer, and Vargas; (2) First Amendment retaliation claims against Schenk, McCarthy, and Purcell; (3) Eighth Amendment condition-of-confinement claims against Schenk, McCarthy, and LeClair; and (4) state law claims against McCarthy and Purcell related to Correction Law 138; The Clerk shall remove the following defendants from the Docket Report: Martuscello, Annucci, Sheehan, Pettigrass, Klasen, Jakaub, Tanner, McIntosh, Ahern, John Doe #1, John Doe #2, Jane Doe, Harrigan, Wolcott, Poff, and Middlebrook; Plaintiff is afforded an opportunity to request an order of this Court directing service by the U.S. Marshal and provide payment of the service fee to the U.S. Marshal in full by money order or certified check; Upon plaintiff's filing of request for assistance, or, if at the expiration of thirty (30) days plaintiff has not complied with the terms of this Decision and Order, the Clerk shall return the file to the Court for further review. (Notice of Compliance Deadline 9/16/2024). Signed by Judge David N. Hurd on 8/15/2024. (Attachments: #1 Case law) (Copy served via regular mail)(meb) [Transferred from nynd on 8/15/2024.]
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| Case assigned to Hon. Charles J. Siragusa. Notification to Chambers of electronic case transfer. (CGJ) |
| 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 25 MOTION to Amend the #1 Complaint filed by Derrick M. Hamilton. (Attachments: #1 Proposed amended complaint, #2 Exhibits, #3 Mailing envelope) (meb) [Transferred from nynd on 8/15/2024.] |
| Filing 24 Letter Request for Reconsideration of the #23 Decision and Order filed by Derrick M. Hamilton. (Mailing envelope included) (meb) [Transferred from nynd on 8/15/2024.] |
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Filing 23
DECISION AND ORDER: It is ORDERED that plaintiff's motion for an extension of time (Dkt. No. #20 ) is DENIED; The following claims are DISMISSED with prejudice pursuant to 28 U.S.C. 1915A(b): (1) plaintiff's RLUIPA claims for monetary damages and declaratory relief; and (2) plaintiff's constitutional claims related to the grievance process; The following claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted: (1) Eighth Amendment conditions-of-confinement claims; (2) Fourteenth Amendment due process claims; (3) First Amendment retaliation claims against Purcell, Jakaub, Tanner, and Klasen; and (4) conspiracy claims; The following claims survive the Court's sua sponte review under 28 U.S.C. 1915A(b) and require a response: (1) First Amendment free exercise claims against Schenk; and (2) First Amendment retaliation claims against Schenk; That Pettigrass, Purcell, Jakaub, Klasen, and Tanner are DISMISSED as defendants herein; Plaintiff is afforded an opportunity to request an order of this Court directing service by the U.S. Marshal and provide payment of the service fee to the U.S. Marshal in full by money order or certified check; Upon plaintiff's filing of request for assistance, or, if at the expiration of thirty (30) days plaintiff has not complied with the terms of this Decision and Order, the Clerk shall return the file to the Court for further review. (Notice of Compliance Deadline 6/20/2024). Signed by Judge David N. Hurd on 5/21/2024. (Copy served via regular mail)(meb) [Transferred from nynd on 8/15/2024.]
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| Filing 22 Letter in support of the #20 Letter Request for an extension of time to amend filed by Derrick M. Hamilton. (Mailing envelope included) (meb) [Transferred from nynd on 8/15/2024.] |
| Filing 20 Letter Request for an extension of time to file an amended complaint filed by Derrick M. Hamilton. (Mailing envelope included) (meb) [Transferred from nynd on 8/15/2024.] |
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Filing 19
TEXT ORDER RE #18 Letter request: Plaintiff has moved for a 45-day extension of time in which to file an amended complaint. This is plaintiff's fifth request to delay or otherwise extend the deadline. Dkt. Nos. #10 , #13 , #15 , #17 . Upon review, plaintiff's #18 request is GRANTED in part. Plaintiff shall have a 30-day extension of time in which to file an amended complaint. This is the FINAL extension. No further extensions will be permitted. So Ordered. Authorized by Judge David N. Hurd on 4/5/2024. (Copy served via regular mail)(meb) [Transferred from nynd on 8/15/2024.]
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| Filing 18 Letter Request for a 45-day extension of time to file an amended complaint filed by Derrick M. Hamilton. (Mailing envelope included) (meb) [Transferred from nynd on 8/15/2024.] |
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Filing 21
TEXT ORDER RE #17 Letter Request: Plaintiff's request for an extension of time to amend the complaint is GRANTED. Amended Pleadings due by 4/8/2024. Authorized by Judge David N. Hurd on 3/21/2024. (Copy served via regular mail)(meb) Modified on 5/16/2024 to add docket number 21 (lmw). [Transferred from nynd on 8/15/2024.]
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| Filing 17 Letter Request for an extension of time to file an amended complaint filed by Derrick M. Hamilton. (Mailing envelope included) (meb) [Transferred from nynd on 8/15/2024.] |
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Filing 16
TEXT ORDER RE #15 : Plaintiff is granted an extension of time until March 22, 2024 to submit an amended complaint. The Clerk is directed to provide Plaintiff with a courtesy copy of the 1/16/2024 Decision and Order (Dkt. No. 14). Authorized by Judge David N. Hurd on February 20, 2024. {text order and copy of dkt. no. 14 served via regular mail on plaintiff}(nas) [Transferred from nynd on 8/15/2024.]
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| Filing 15 Letter Motion from Derrick M. Hamilton requesting an extension of time to file an amended complaint. (nas ) [Transferred from nynd on 8/15/2024.] |
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Filing 14
DECISION AND ORDER: ORDERED, that Plaintiff's motion for a stay of the litigation (Dkt. No. #13 ) is DENIED. ORDERED, that Plaintiff's motion for an extension of time to submit an amended complaint (Dkt. No. #10 ) is GRANTED. ORDERED, that Plaintiff must file his amended complaint within thirty (30) days of the date of this Decision and Order. ORDERED, that upon Plaintiff's filing of the amended complaint, and in all events, at the expiration of the thirty (30) day period from the filing date of this Decision and Order, the Clerk shall return the file for review. Signed by Magistrate Judge Daniel J. Stewart on January 16, 2024.[Case Review Deadline 2/16/2024] {order served via regular mail on plaintiff}(nas ) [Transferred from nynd on 8/15/2024.]
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| Filing 13 Letter Request for a 60-day stay and in support of the #10 Letter Request filed by Derrick M. Hamilton. (Mailing envelope included) (meb) [Transferred from nynd on 8/15/2024.] |
| Filing 12 Letter regarding the status of this case filed by Derrick M. Hamilton. (Mailing envelope included) [The Clerk is sending a copy of the docket sheet to plaintiff via regular mail.] (meb) [Transferred from nynd on 8/15/2024.] |
| Filing 11 Letter enclosing the filing fee filed by Derrick M. Hamilton. (Mailing envelope included) (meb) [Transferred from nynd on 8/15/2024.] |
| Filing fee received: $402.00, receipt number 500001159 received from Attica Correctional Facility. (meb) [Transferred from nynd on 8/15/2024.] |
| Filing 10 Letter Request for permission to amend and supplement filed by Derrick M. Hamilton. (Mailing envelope included) (meb) [Transferred from nynd on 8/15/2024.] |
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Filing 9
DECISION AND ORDER: It is ORDERED that plaintiff must, within thirty (30) days of the filing date of this Decision and Order, either (1) pay the $402.00 filing fee in full, or (2) submit an IFP Application which has been completed and signed by him and which has been certified by an appropriate official at his facility; In the event plaintiff fails to timely comply with the filing fee requirements set forth in this Decision and Order, this action will be dismissed without prejudice without further Order of this Court; Upon plaintiff's compliance with this Decision and Order, the file shall be returned to the Court for further review; The Clerk shall serve a copy of this Decision and Order on plaintiff. The Clerk is directed to send plaintiff a blank IFP Application; and shall also send plaintiff a second copy of this Decision and Order, which plaintiff may provide to the inmate accounts office at his facility along with his request for certification of his completed and signed IFP Application (and/or certified copies of his inmate account statements). (Notice of Compliance Deadline 11/15/2023, Case Review Deadline 12/15/2023). Signed by Judge David N. Hurd on 10/16/2023. (Copy served via regular mail, along with blank forms)(meb) [Transferred from nynd on 8/15/2024.]
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Filing 8
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 10/3/2023. (Copy served via regular mail)(meb) [Transferred from nynd on 8/15/2024.]
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| Filing 7 INMATE AUTHORIZATION FORM filed by Derrick M. Hamilton. (Mailing envelope included) (meb) [Transferred from nynd on 8/15/2024.] |
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Filing 6
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that plaintiff's IFP application is DENIED as incomplete; and it is further ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further 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; and it is further ORDERED that upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review; and it is further ORDERED that the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application. Signed by Judge David N. Hurd on 9/6/2023. (Copy served via regular mail, along with blank forms)(meb) [Transferred from nynd on 8/15/2024.]
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| Filing 5 Case transferred in from District of New York Southern; Case Number 1:23-cv-07491. electronically transferred when case opened [Transferred from nynd on 8/15/2024.] |
| MAILING RECEIPT: Document No: 4. Mailed to: Derrick M. Hamilton 89-A-5202 Attica State Penitentiary Box 149 Attica, NY 14011-0149. (sha) [Transferred from New York Southern on 9/6/2023.] [Transferred from nynd on 8/15/2024.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York. (sac) [Transferred from New York Southern on 9/6/2023.] [Transferred from nynd on 8/15/2024.] |
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Filing 4
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. This order closes this case in this court. The Court certifies, under 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of anappeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/30/2023) (sac) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 9/6/2023.] [Transferred from nynd on 8/15/2024.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (laq) [Transferred from New York Southern on 9/6/2023.] [Transferred from nynd on 8/15/2024.] |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Derrick M. Hamilton..(rdz) [Transferred from New York Southern on 9/6/2023.] [Transferred from nynd on 8/15/2024.] |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Derrick M. Hamilton..(rdz) [Transferred from New York Southern on 9/6/2023.] [Transferred from nynd on 8/15/2024.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 9/6/2023.] [Transferred from nynd on 8/15/2024.] |
| Filing 1 COMPLAINT against Jakaub, C.J. Klasen, M. Pettigrass, Shaun Purcell, G. Schenk, Tanner. Document filed by Derrick M. Hamilton..(rdz) [Transferred from New York Southern on 9/6/2023.] [Transferred from nynd on 8/15/2024.] |
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