Akinlawon v. Hochul et al
| New York Southern District Court | |
| Judge: | Laura Taylor Swain |
| Case #: | 1:24-cv-08529 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Nov 09, 2024 |
| Case in other court: | New York Northern, 9:24-cv-01191 |
| Last checked: Monday Nov 11, 2024 9:16 PM EST |
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Defendant
Carangi
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Defendant
Corey
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Plaintiff
Ayotunji Akinlawon
13-B-3238 Clinton Correctional Facility P.O. Box 2001
Dannemora, NY 12929 |
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| TERMINATED PARTIES | |
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Defendant
Laliberty
Terminated: 11/06/2024
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Defendant
John Doe #11
Terminated: 11/06/2024
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Defendant
John Doe #19
Terminated: 11/06/2024
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Defendant
P.O. John Doe #2
Terminated: 11/06/2024
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Defendant
John Doe #20
Terminated: 11/06/2024
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Defendant
Area Officer John Doe #3
Terminated: 11/06/2024
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Defendant
Correction Officer John Doe #5
Terminated: 11/06/2024
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Defendant
John Doe #6
Terminated: 11/06/2024
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Defendant
John Doe #7
Terminated: 11/06/2024
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Defendant
John Doe #8
Terminated: 11/06/2024
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Defendant
John Doe #9
Terminated: 11/06/2024
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Defendant
Police Officer Barbosa
Terminated: 11/06/2024
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Defendant
Lamanna
Terminated: 11/06/2024
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Defendant
Daniel Martuscello
Terminated: 11/06/2024
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Defendant
Capt. Mayes
Terminated: 11/06/2024
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Defendant
Noeth
Terminated: 11/06/2024
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Defendant
Picente
Terminated: 11/06/2024
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Defendant
Ploss
Terminated: 11/06/2024
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Defendant
S.O.R.C. Renu
Terminated: 11/06/2024
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Defendant
A. Rodriguez
Terminated: 11/06/2024
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Defendant
Sheerman
Terminated: 11/06/2024
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Defendant
Stacey
Terminated: 11/06/2024
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Defendant
John Doe #1-8
Terminated: 11/06/2024
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Defendant
Correction Officer Chandler
Terminated: 11/06/2024
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Defendant
Jennifer Christopher
Terminated: 11/06/2024
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Defendant
Wesley Dundon
Terminated: 11/06/2024
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Defendant
C.H.O. Finnerty
Terminated: 11/06/2024
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Defendant
Correction Officer London Harris
Terminated: 11/06/2024
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Defendant
Sergeant Henley
Terminated: 11/06/2024
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Defendant
Bryan Hilton
Terminated: 11/06/2024
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Defendant
Governor Kathy Hochul
Terminated: 11/06/2024
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Defendant
John Damen Kirk, Trust
Terminated: 11/06/2024
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Defendant
John Doe ##1-3
Terminated: 11/06/2024
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Defendant
John Doe ##1-4
Terminated: 11/06/2024
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Defendant
John Doe ##1-5
Terminated: 11/06/2024
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Defendant
John Doe ##1-6
Terminated: 11/06/2024
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Defendant
P.O. John Doe #1
Terminated: 11/06/2024
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Defendant
John Doe #1&2
Terminated: 11/06/2024
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Defendant
John Doe #1-7
Terminated: 11/06/2024
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Defendant
John Doe #10
Terminated: 11/06/2024
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| Docket last updated: 4 hours ago |
| Thursday, November 14, 2024 | ||
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misc
Mailing Receipt
Thu 11/14 9:44 AM
MAILING RECEIPT: Document No: 8. Mailed to: Ayotunji Akinlawon 13-B-3238 Clinton Correctional Facility P.O. Box 2001 Dannemora, NY 12929. (anc) |
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| Wednesday, November 13, 2024 | ||
| 8 | 8
3
pgs
order
Order Directing Updated Prisoner Authorization
Wed 11/13 10:33 AM
ORDER DIRECTING UPDATED PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 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 an appeal. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962). Prisoner Authorization Form due by 12/13/2024. (Signed by Judge Laura Taylor Swain on 11/13/2024) (scn) |
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Att: 1
Supplement Prisoner authorization
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| Tuesday, November 12, 2024 | ||
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misc
Mailing Receipt
Tue 11/12 8:39 AM
MAILING RECEIPT: Document No: 7. Mailed to: Ayotunji Akinlawon 13-B-3238 Clinton Correctional Facility P.O. Box 2001 Dannemora, NY 12929. (nb) |
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notice
Notice of Case Assignment/Reassignment - Sua Sponte
Tue 11/12 11:21 AM
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
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| Saturday, November 09, 2024 | ||
| 7 | 7
order
Standing Order re Cases Filed By Pro Se Plaintiffs
Sat 11/09 8:38 AM
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may[LINK:consent to electronic service] to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for[LINK:permission to file documents electronically] . Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (vba) |
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transfer
Case Transferred In - District Transfer
Sat 11/09 8:32 AM
CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:24-cv-01191. Original file certified copy of transfer order and docket entries received. |
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utility
Case Designated ECF
Sat 11/09 8:34 AM
Case Designated ECF. (vba) |
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notice
Case Opening Initial Assignment Notice - Transfer Case
Sat 11/09 8:35 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
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service
Note Regarding Service on Self-Represented Party
Sat 11/09 8:39 AM
CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see[LINK:Rule 9.2] of the courts ECF Rules & Instructions for further information..(vba) |
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| Wednesday, November 06, 2024 | ||
| 5 | 5
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 prison facility in which plaintiff is currently confined with a copy of plaintiff's inmate 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 $350.00 pursuant to 28 U.S.C. § 1915; and it is further ORDERED that the Clerk shall provide a copy of plaintiff's inmate authorization form to the Financial Deputy of the Clerk'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 Southern District of New York: Stacy and Mayes; and it is further ORDERED that no ruling is made as to the sufficiency of the complaint with respect to the claims that have been severed and transferred to the Southern District, leaving that determination to the Southern District of New York; and it is further ORDERED that the Clerk shall advise the Clerk of the Southern 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 Southern 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 claims stated within are DISMISSED with prejudice; and it is further ORDERED that the claims stated within are DISMISSED without prejudice; and it is further ORDERED that the Eighth Amendment condition of confinement claims against Carangi and Corey survive review and require a response; and it is further ORDERED that the Clerk of the Court terminate the following individuals from the Docket Report: Hochul, Martuscello, Noeth, Rodriguez, Barbosa, Harris, Renu, Mayes, Hilton, Christopher, Sheerman, Picente, John Doe #1 through #20, Laliberty, Chandler, Stacey, Ploss, Lamanna, Henley, and Dundon; and it is further ORDERED that upon receipt of the documents for service, the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon the defendants. The Clerk shall forward a copy of the summonses and complaint to the Office of the Attorney General, together with a copy of this Decision and Order by electronic mail only; and it is further ORDERED that defendants or counsel, shall file a response to the complaint as provided for in the Federal Rules of Civil Procedure; and it is further ORDERED that plaintiff's motion for a preliminary injunction (Dkt. No.4 ) is DENIED. Signed by U.S. District Judge Glenn T Suddaby on 11/6/2024. (Copy served via regular mail)(meb) [Transferred from New York Northern on 11/9/2024.]
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Att: 1
Case law
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| Friday, September 27, 2024 | ||
| 4 | 4
MOTION for Preliminary Injunction and Temporary Restraining Order filed by Ayotunji Akinlawon. (meb) [Transferred from New York Northern on 11/9/2024.]
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| 3 | 3
INMATE AUTHORIZATION FORM filed by Ayotunji Akinlawon. (meb) [Transferred from New York Northern on 11/9/2024.]
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| 2 | 2
MOTION for Leave to Proceed in forma pauperis filed by Ayotunji Akinlawon. (meb) [Transferred from New York Northern on 11/9/2024.]
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| 1 | 1
COMPLAINT WITH JURY DEMAND against Barbosa, Carangi, Chandler, Jennifer Christopher, Corey, Wesley Dundon, Finnerty, London Harris, Henley, Bryan Hilton, Kathy Hochul, John Doe #1, John Doe #10, John Doe #11, John Doe #12, John Doe #13, John Doe #14, John Doe #15, John Doe #16, John Doe #17, John Doe #18, John Doe #19, John Doe #2, John Doe #20, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7, John Doe #8, John Doe #9, Laliberty, Lamanna, Daniel Martuscello, Mayes, Noeth, Picente, Ploss, Renu, A. Rodriguez, Sheerman, Stacey filed by Ayotunji Akinlawon.(meb) [Transferred from New York Northern on 11/9/2024.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I,
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Att: 10
Exhibit J,
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Att: 11
Exhibit K,
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Att: 12
Exhibit L,
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Att: 13
Mailing Envelope
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