Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kinlaw v. Pataki

January 11, 2008

ARTHUR KINLAW, JR., PLAINTIFF,
v.
GEORGE E. PATAKI; GLENN S. GOORD; GILL ELLIS, DEFENDANTS.



The opinion of the court was delivered by: Gary L. Sharpe, District Judge

MEMORANDUM-DECISION and ORDER

I. Background

Presently before this Court is a civil rights complaint filed by Arthur Kinlaw, Jr.*fn1 This action was originally filed in the United States District Court for the Western District of New York and was transferred to the Northern District by Order of District Judge Michael A. Telesca. Dkt. No. 7. Kinlaw has filed an application for leave to proceed with this action in forma pauperis and motions seeking injunctive relief and the appointment of counsel.

In his pro se complaint, which is not a model of clarity, Kinlaw asserts a variety of claims against the former New York State officials named as defendants.*fn2 Kinlaw appears to claim that he was negligently released from prison on parole on March 24, 1977 without adequate provision for ongoing supervision and psychiatric services and, as a result, committed three murders. Dkt. No. 1 at 8-11.*fn3 Kinlaw has named his three victims as co-plaintiffs and refers to this case as a "wrongful death action." Id. at 5.*fn4

The complaint also sets forth claims relating to Kinlaw's medical care which appear to have arisen during his confinement at Clinton Correctional Facility during the period 2003-04. Kinlaw claims that his glaucoma drops were improperly discontinued and that he received inadequate care for burn injuries he suffered to his leg. Id. at 13-14. For a complete statement of Kinlaw's claims, reference is made to the complaint.

Kinlaw seeks an award of monetary damages and also seeks to be transferred to federal custody. Dkt. No. 1 at 17. For a complete statement of Kinlaw's claims, reference is made to the complaint.

II. Discussion

(A) In Forma Pauperis Application

Based upon a review of Kinlaw's in forma pauperis application, the Court finds that he has demonstrated sufficient economic need.

(B) The Sufficiency of the Complaint

Since the Court has found that Kinlaw meets the financial criteria for commencing this case in forma pauperis, the Court must consider the sufficiency of the complaint in light of 28 U.S.C. § 1915(e). Section 1915(e) directs that when a plaintiff seeks to proceed in forma pauperis, the Court:

(2) [S]hall dismiss the case at any time if the Court determines that -

***

(B) the action ... (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.