United States District Court, N.D. New York
MAYANDUENAS PLAINTIFF, PRO SE
LETITIA JAMES NEW YORK STATE ATTORNEY GENERAL - ALBANY
ATTORNEY FOR DEFENDANT
KONSTANDINOS D. LERIS, ESQ.
REPORT AND RECOMMENDATION
THÉRÈSE WILEY DANCKS United States Magistrate
plaintiff Riger Mayanduenas ("Plaintiff"), a former
New York State prison inmate, whose address is not currently
known to the court, commenced this civil rights action
asserting claims arising out of his confinement at Clinton
Correctional Facility ("Clinton C.F."). On May 21,
2019, Plaintiff filed a "Statement of Release"
advising the Court that he was released from the custody of
the New York State Department of Corrections and Community
Supervision ("DOCCS"), but failed to provide
notification of his current address to both the Court and
Defendants' counsel. Dkt. No. 38. Because Plaintiff has
failed to comply with the Court's requirement that he
notify the court of his further change of address, I
recommend that this action be dismissed.
September 26, 2018, Plaintiff commenced this action by filing
a Complaint with an application to proceed in forma pauperis.
Dkt. No. 1 ("Compl.") and Dkt. No. 2 ("IFP
Application"). At the time he filed the Complaint,
Plaintiff was confined at Attica Correctional Facility
("Attica C.F."). Compl. at 2. In a Decision and
Order filed on October 26, 2018 (the "October
Order"), the Court granted Plaintiff's IFP
Application and reviewed the sufficiency of the Complaint in
accordance with 28 U.S.C. § 1915(e) and 28 U.S.C. §
1915A. See Dkt. No. 5. On the basis of that review,
the Court found that the Eighth Amendment claims against
defendants Officer Bigelow ("Bigelow"), C.O. Doe
#1, C.O. Doe #2, and Sergeant Doe survived review and
required a response. Id. at 8. The Court advised
Plaintiff that the U.S. Marshal Service could not effect
service upon an unidentified defendant and directed Plaintiff
to take reasonable steps to identify the Doe defendants.
Id. at 12. A summons was issued for Bigelow and, on
November 26, 2018, Bigelow filed an acknowledgment of
service. Dkt. Nos. 6 and 7.
December 3, 2018, Plaintiff filed an Amended Complaint
identifying the Doe defendants. Dkt. No. 9 ("Am.
Compl."). In a Decision and Order filed on January 22,
2019 (the "January Order"), the Court accepted the
amended pleading and directed a response to the Eighth
Amendment excessive force claims against Bigelow, C.O.
Fuller, C.O. Jason Burdo, and C.O. Maurer and Eighth
Amendment failure-to-protect claims against Nurse
Administrator Harriman and Sergeant Dixon. See Dkt.
No. 12. On January 29, 2019, summonses were issued to Fuller,
Burdo, Maurer, Harriman, and Dixon. Dkt. No. 13.
February 5, 2019, Defendants filed a motion for summary
judgment, in lieu of answering Plaintiff's Amended
Complaint, seeking dismissal on the ground that Plaintiff
failed to exhaust his administrative remedies. Dkt. No. 14.
On March 15, 2019, Plaintiff opposed the motion. Dkt. No. 27.
17, 2019, Plaintiff filed a letter advising of his pending
release from DOCCS' custody on May 21, 2019. Dkt. No. 34.
On May 21, 2019, the Court issued an Order and
Report-Recommendation recommending that Defendants'
motion for summary judgment be denied. Dkt. No. 36. On the
same day, the Court served the Order and
Report-Recommendation on Plaintiff, via regular mail, at
Attica C.F. Id.
23, 2019, the Court received Plaintiff's "Statement
of Release," postmarked from Attica C.F. on May 21,
2019. Dkt. No. 37.
10, 2019, the Order and Report-Recommendation mailed to
Plaintiff on May 21, 2019 was returned to the Court as
undeliverable. Dkt. No. 40. The envelope was marked
"Return to Sender - Released". Id.
Decision and Order dated August 22, 2019 (the "August
Order"), the Court accepted and adopted the Order and
Report-Recommendation, in its entirety. Dkt. No. 41. On
August 22, 2019, the Court attempted to mail a copy of the
Decision and Order to Plaintiff at Attica C.F. Dkt. No. 41.
On September 3, 2019, that ...