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This case was last updated from PACER on 12/09/2019 at 08:17:49 (UTC).

Amaker v. Gerbing et al

Case Summary

On 10/10/2019 Amaker filed a Prisoner - Civil Right lawsuit against Gerbing. This case was filed in U.S. District Courts, New York Northern District. The Judges overseeing this case are Andrew T. Baxter and Lawrence E. Kahn. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    9:19-CV-01253

  • Filing Date:

    10/10/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Civil Right

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Northern District

Judge Details

Referral Judge

Andrew T. Baxter

Presiding Judge

Lawrence E. Kahn

 

Party Details

Defendants

C.O. Barber

P. Wolff

S. Bennett

Dr. Gusman

C.O. Albert

C.O. John Doe

Lt. Flint

Lt. John Doe

D. Phelix

J. McCoy

C.O. J. Rio

A. Annucci

P. Early

D. Venetozzi

Benior

D. Willet

K. Gerbing

Barton

M. Harmon

B. Yelich

6 More Parties Available

 

Court Documents

14 #1

*Restricted*

#14

(#14) Case transferred in from District of New York Southern; Case Number 1:17-cv-03520. electronically transferred when case opened (Entered: 10/11/2019)

#13

(#13) ORDER OF PARTIAL TRANSFER. The Clerk of Court is directed to mail a copy of this order to Plaintiff, and note service on the docket. The Clerk of Court is further directed to (1) sever the claims arising at Bare Hill Correctional Facility, which are brought against Defendants B. Yelich; D. Phelix; S. Barton; Benior; Rev. Ranney; D. Willett; Nurse Harmon; Sgt. Coleman; Lt. Flint; Capt. A. Boyd; C.O. Albert; C.O. John Doe; A. Annucci; J. Bellnier; and J. McCoy, and (2) transfer the action involving those defendants, under 28 U.S.C. 1404(a), to the United States District Court for the Northern District of New York. The Court will address by separate order Plaintiff's claims against the remaining defendants (K. Barber; J. Rio; Lieutenant John Doe; Dr. Gusman; Nurse Peter Wolff; K. Gerbing; S. Bennett; S. Roberts; P. Early; and D. Venetozzi). No summons will issue at this time. SO ORDERED. Barton, J. Bellnier, Benior, A. Boyd, C.O. John Doe, Coleman, Flint, M. Harmon, J. McCoy, D. Phelix, Ranney, D. Willet, B. Yelich, Albert and A. Annucci terminated. (Signed by Judge Louis L. Stanton on 10/2/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/11/2019.] (Entered: 10/04/2019)

#12

(#12) ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court further directs the Clerk of Court to reopen this closed action. No summons shall issue in this action until the Court has screened the complaint under 28 U.S.C. 1915A and directed the Clerk of Court to do so. 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 an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Louis L. Stanton on 8/26/2019) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/11/2019.] (Entered: 08/27/2019)

#11

(#11) DECLARATION of Anthony D. Amaker in Support Timely Filing Fees re: #10 Memorandum of Law. Document filed by Anthony D. Amaker. (sac) [Transferred from New York Southern on 10/11/2019.] (Entered: 08/23/2019)

#10

(#10) MEMORANDUM OF LAW re: #9 Order. Document filed by Anthony D. Amaker. (sac) [Transferred from New York Southern on 10/11/2019.] (Entered: 08/23/2019)

#9

Mailed a copy of #9 Order, to Anthony D. Amaker 140 Moore Street Apt. #7A Brooklyn, NY 11206. (aea) [Transferred from New York Southern on 10/11/2019.] (Entered: 07/15/2019)

#8

No Description Available

#7

No Description Available

#6

No Description Available

#5

(#5) LETTER from Anthony D. Amaker, dated 9/16/17 re: Plaintiff informs the Court of his new address at Governeur Correctional Facility, 112 Scotch Settlement Road, Governeur, N.Y. 13642. Document filed by Anthony D. Amaker, Anthony D. Amaker.(sc) [Transferred from New York Southern on 10/11/2019.] (Entered: 09/26/2017)

#4

Mailed a copy of #4 Order of Dismissal to Anthony D. Amaker, 89-T-2815, Bare Hill Correctional Facility, Caller Box 20, 181 Brand Road, Malone, NY 12953. (rro) [Transferred from New York Southern on 10/11/2019.] (Entered: 05/15/2017)

#3

(#3) PRISONER AUTHORIZATION. Document filed by Anthony D. Amaker.(rdz) [Transferred from New York Southern on 10/11/2019.] (Entered: 05/12/2017)

#2

(#2) COMPLAINT against Albert, Benior A. Annucci, Barber, Barton, J. Bellnier, S. Bennett, A. Boyd, C.O. John Doe, Coleman, P. Early, Flint, K. Gerbing, Gusman, M. Harmon, Lt. John Doe, J. McCoy, Ranney, J. Rio, S. Roberts, D. Venetozzi, D. Willet, P. Wolff. Document filed by Anthony D. Amaker.(rdz) [Transferred from New York Southern on 10/11/2019.] (Entered: 05/12/2017)

#1

(#1) REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anthony D. Amaker.(rdz) [Transferred from New York Southern on 10/11/2019.] (Entered: 05/12/2017)

4 More Documents Available

 

Docket Entries

  • 10/11/2019
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  • (#14) Case transferred in from District of New York Southern; Case Number 1:17-cv-03520. electronically transferred when case opened (Entered: 10/11/2019)

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  • 10/04/2019
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  • Mailed a copy of #13 Order, Add and Terminate Parties, to Anthony D. Amaker 140 Moore Street Apt. #7A Brooklyn, NY 11206. (vba) [Transferred from New York Southern on 10/11/2019.] (Entered: 10/04/2019)

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  • 10/03/2019
  • PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to B. Yelich; D. Phelix; S. Barton; Benior; Rev. Ranney; D. Willett; Nurse Harmon; Sgt. Coleman; Lt. Flint; Capt. A. Boyd; C.O. Albert; C.O. John Doe; A. Annucci; J. Bellnier; and J. McCoy only, from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York. (rjm) [Transferred from New York Southern on 10/11/2019.] (Entered: 10/10/2019)

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  • 10/03/2019
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  • (#13) ORDER OF PARTIAL TRANSFER. The Clerk of Court is directed to mail a copy of this order to Plaintiff, and note service on the docket. The Clerk of Court is further directed to (1) sever the claims arising at Bare Hill Correctional Facility, which are brought against Defendants B. Yelich; D. Phelix; S. Barton; Benior; Rev. Ranney; D. Willett; Nurse Harmon; Sgt. Coleman; Lt. Flint; Capt. A. Boyd; C.O. Albert; C.O. John Doe; A. Annucci; J. Bellnier; and J. McCoy, and (2) transfer the action involving those defendants, under 28 U.S.C. 1404(a), to the United States District Court for the Northern District of New York. The Court will address by separate order Plaintiff's claims against the remaining defendants (K. Barber; J. Rio; Lieutenant John Doe; Dr. Gusman; Nurse Peter Wolff; K. Gerbing; S. Bennett; S. Roberts; P. Early; and D. Venetozzi). No summons will issue at this time. SO ORDERED. Barton, J. Bellnier, Benior, A. Boyd, C.O. John Doe, Coleman, Flint, M. Harmon, J. McCoy, D. Phelix, Ranney, D. Willet, B. Yelich, Albert and A. Annucci terminated. (Signed by Judge Louis L. Stanton on 10/2/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/11/2019.] (Entered: 10/04/2019)

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  • 08/27/2019
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  • Mailed a copy of #12 Order Reopening Case, to Anthony D. Amaker 140 Moore Street Apt. #7A Brooklyn, NY 11206. (aea) [Transferred from New York Southern on 10/11/2019.] (Entered: 08/27/2019)

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  • 08/26/2019
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  • (#12) ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court further directs the Clerk of Court to reopen this closed action. No summons shall issue in this action until the Court has screened the complaint under 28 U.S.C. 1915A and directed the Clerk of Court to do so. 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 an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Louis L. Stanton on 8/26/2019) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/11/2019.] (Entered: 08/27/2019)

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  • 08/20/2019
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  • (#11) DECLARATION of Anthony D. Amaker in Support Timely Filing Fees re: #10 Memorandum of Law. Document filed by Anthony D. Amaker. (sac) [Transferred from New York Southern on 10/11/2019.] (Entered: 08/23/2019)

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  • 08/20/2019
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  • (#10) MEMORANDUM OF LAW re: #9 Order. Document filed by Anthony D. Amaker. (sac) [Transferred from New York Southern on 10/11/2019.] (Entered: 08/23/2019)

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  • 07/15/2019
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  • Mailed a copy of #9 Order, to Anthony D. Amaker 140 Moore Street Apt. #7A Brooklyn, NY 11206. (aea) [Transferred from New York Southern on 10/11/2019.] (Entered: 07/15/2019)

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  • 07/15/2019
  • NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Colleen McMahon is no longer assigned to the case. (mro) [Transferred from New York Southern on 10/11/2019.] (Entered: 07/15/2019)

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8 More Docket Entries
  • 09/21/2017
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  • (#5) LETTER from Anthony D. Amaker, dated 9/16/17 re: Plaintiff informs the Court of his new address at Governeur Correctional Facility, 112 Scotch Settlement Road, Governeur, N.Y. 13642. Document filed by Anthony D. Amaker, Anthony D. Amaker.(sc) [Transferred from New York Southern on 10/11/2019.] (Entered: 09/26/2017)

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  • 06/16/2017
  • Pro Se Payment of Fee Processed: $400.00 Check processed by the Finance Department on 6/16/2017, Receipt Number 4654001183844. (aa) [Transferred from New York Southern on 10/11/2019.] (Entered: 06/20/2017)

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  • 05/15/2017
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  • Mailed a copy of #4 Order of Dismissal to Anthony D. Amaker, 89-T-2815, Bare Hill Correctional Facility, Caller Box 20, 181 Brand Road, Malone, NY 12953. (rro) [Transferred from New York Southern on 10/11/2019.] (Entered: 05/15/2017)

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  • 05/12/2017
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  • Transmission to Docket Assistant Clerk. Transmitted re: #4 Order of Dismissal, to the Docket Assistant Clerk for case processing. (sac) [Transferred from New York Southern on 10/11/2019.] (Entered: 05/15/2017)

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  • 05/12/2017
  • NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Colleen McMahon is no longer assigned to the case. (sac) [Transferred from New York Southern on 10/11/2019.] (Entered: 05/15/2017)

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  • 05/12/2017
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  • (#4) ORDER OF DISMISSAL UNDER 28 U.S.C. 1915(g): The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Court denies Plaintiff's request to proceed IFP, and the complaint is dismissed without prejudice under the PLRA's "three-strikes" rule. See 28 U.S.C. 1915(g). Plaintiff remains barred from filing any future action IFP while in custody, unless he is under imminent threat of serious physical injury. 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 5/12/2017) (sac) [Transferred from New York Southern on 10/11/2019.] (Entered: 05/15/2017)

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  • 05/10/2017
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  • (#3) PRISONER AUTHORIZATION. Document filed by Anthony D. Amaker.(rdz) [Transferred from New York Southern on 10/11/2019.] (Entered: 05/12/2017)

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  • 05/10/2017
  • Case Designated ECF. (rdz) [Transferred from New York Southern on 10/11/2019.] (Entered: 05/12/2017)

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  • 05/10/2017
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  • (#2) COMPLAINT against Albert, Benior A. Annucci, Barber, Barton, J. Bellnier, S. Bennett, A. Boyd, C.O. John Doe, Coleman, P. Early, Flint, K. Gerbing, Gusman, M. Harmon, Lt. John Doe, J. McCoy, Ranney, J. Rio, S. Roberts, D. Venetozzi, D. Willet, P. Wolff. Document filed by Anthony D. Amaker.(rdz) [Transferred from New York Southern on 10/11/2019.] (Entered: 05/12/2017)

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  • 05/10/2017
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  • (#1) REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anthony D. Amaker.(rdz) [Transferred from New York Southern on 10/11/2019.] (Entered: 05/12/2017)

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